RAMESHWAR PRASAD Vs. SHANTI DEVI

JUDGEMENT

(1.) APPELLANT/plaintiff has preferred this appeal under Section 100 of cpc being aggrieved by the judgment and decree dated 21-2-2005 passed by 5th additional District Judge (FTC), Satna in Regular Civil Appeal No. 36-A/2005 reversing the judgment and decree dated 29-3-2003 passed by Civil Judge Class-I, Nagod District Satna, in Civil Original Suit No. 36-A/92.

(2.) THIS appeal is arising out of a suit for declaration partition, separate possession, mesne profit and perpetual injunction regarding house, other movable property including the agricultural land situated at Village Marti barmendranath and also for declaration to declare the sale deed dated 28-2-1992 executed by his father Gabinath in favour of the respondent No. 4, jagdish Prasad as ab initio void alleging the same was not executed in the interest and necessity of the family. It is also prayed that the land subject matter of said sale deed be adjusted in the share of Gabinath, the father of the appellant. Initially the relief for possession of the property was not prayed but was inserted by amendment vide application no. 20-7-1996.

(3.) THE other averments of the plaint are not necessary to mention here as the matter has already been compromised in between co-parcener/ respondents and the appellant in the Appellate Court. The only dispute regarding respondent No. 4 is subsisting for which this appeal is preferred. The gabinath has executed a sale deed dated 18-3-1982 in favour of respondent No. 4 regarding Survey No. 143/1 (Eastern part) area 0. 042 hector and survey no. 144/1 (Eastern part) area 0. 596 hector, situated at Village Langarganwa with intention to defeat the interest of appellant and other co-parceners.