RAMESHCHANDRA Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 16-12-2003 passed by XVII Additional District Judge, Indore, in Civil Regular Appeal No. 34/2002, whereby the judgment and decree dated 23-7-2001 passed by 14th Civil Judge Class-I, Indore in Civil Suit No. 458-A/2001 has been confirmed and the suit of the appellants has been dismissed, the present appeal has been filed.

(2.) Short facts of the case are that appellants are the real brothers and son of respondent No. 2. Respondent Nos. 3, 4 and 5 are cousin brothers of respondent No. 2. Sale deed was executed by respondent Nos. 2 to 5 in favour of respondent No. 1 on 7-7-1972, for a sum of Rs. 10,000/- for the suit property, which is an agricultural land. Lateron suit property was acquired by Indore Development Authority and award was passed on 25-9-1984. Thereafter a suit for declaration and permanent injunction was filed by the appellants challenging validity of the sale deed dated 7-7-1972 on 12-6-1984, alleging the fact that the fact of execution of sale deed in favour of respondent Nos. 2 to 5 came to their knowledge on 16-4-1984. Suit was contested by the respondent No. 1 on various grounds including on the ground that suit is barred by law of limitation.

(3.) On the basis of pleadings of the parties, learned Trial Court framed the issues, recorded the evidence and dismissed the suit.