PARMANAND Vs. JAGRANI

JUDGEMENT

(1.) IN this appeal preferred under Section 96 of the Code of Civil Procedure the defendants have called in question -the sustainability and defensibility of the judgment and decree dated 12-3-1990 passed by the learned Additional District judge, Kurai in Civil Suit No. 16-A/1988.

(2.) THE respondents as plaintiffs initiated the aforesaid civil action for declaration of the sale deed executed on 8-2-1988 by the defendant No. 1 in favour of the defendant no. 2 in respect of house No. 35 situated at ward No. 35, village Malthone as null and void and further for partition of the disputed house. The plaintiffs case was that the plaintiff No. 1 is the widow of the deceased chihte and plaintiff No. 10 is the daughter begotten from the first wife of Chinte. First wife had deserted Chinte and married other person which prompted Chinte to enter into second marriage. In the said wedlock, as pleaded, the plaintiff No. 2 and the defendant No. 1 were born. The second wife died many years ago and Chinte married plaintiff No. 1, Jagrani. In the said wedlock plaintiffs 3 to 9 were born.

(3.) THE further case of the plaintiffs is that the suit house was purchased by late chinte by registered sale deed dated 18-12-1948 and he was in possession of the house till his death after which all the plaintiffs and defendant No. 1 acquired 1/11th share in the said house. No partition had taken place in respect of the said house and other ancestral properties of Chinte who expired "nine years back. Despite that the defendant no. 1 had sold the house to defendant No. 2 by sale deed dated 8-2-1988 and hence, the plaintiffs had instituted the suit for the aforesaid reliefs.