BAITAL SINGH Vs. SHRILAL

JUDGEMENT

(1.) THIS plaintiffs' appeal under Section 96, CPC is directed against the judgment and decree dated 4-12-1997 passed by the 3rd Additional District judge, Morena, whereby the suit filed by the appellant for declaration that sale deed dated 4-4-91 (Exh. P-9) executed by defendant No. 2 Mulla s/o Gajadhar in favour of defendant No. 1 Trilok Pal Singh for the land in dispute is not binding on the fact and the same be declared void and the plaintiffs along with defendant no. 2 be declared as owner thereof, has been dismissed.

(2.) BRIEF facts of the case are that Gajadhar had two sons, viz. , Mawasi and Mulla. Appellants are sons of Mawasi. Gajadhar is the owner of an area of 5 bigha 2 Biswa in Survey No. 1221, area 5 Bighas 15 Biswas in Survey No. 1222 and 6 Bighas 4 Biswas in Survey No. 1232; total 16 Bighas 1 Biswa. He died in the year 1958. After the death of Gajadhar, the land was recorded jointly in the name of Mawasi Singh and Mulla. Mawasi Singh died in the year 1983. After his death, his two sons stated above succeeded him and the names of defendant no. 2 Mulla and appellants-plaintiffs were jointly recorded in the revenue record as owner of the above land. After Bandobast, Survey Nos. 1221,1222 and 1232 are changed to Survey No. 621. Defendant No. 2 Mulla uncle of the appellants vide registered sale deed dated 4-4-91 transferred the part of the coparcenary property, Le. , 5 Bighas 2 Biswas in favour of Trilok Pal Singh. Defendant No. 2 Mulla executed a sale deed in favour of defendant No. 1 Trilok pal Singh for a consideration of Rs. 67,000/ -. The said sale deed has been challenged by the appellants-plaintiffs on the ground inter alia that no partition is taken place between the parties either during the lifetime of Gajadhar, who died in the year 1958 or after the death of Mawasi, who died in the year 1983 and this ancestral property remained joint property of plaintiffs and defendant no. 2.

(3.) DEFENDANT Nos. 1 and 2 filed their written statement and in Para 9 of the written statement, it is admitted that Survey No. 621 area 16 Bighas 1 biswa is an ancestral property and no partition was effected between the defendant No. 2 and the appellants.