RAMGOPAL THROUGH LRS Vs. JASHODA BAI THROUGH LRS

JUDGEMENT

(1.) This second appeal has been filed under Section 100 of the Code of Civil Procedure against the common judgment dated 23.12.1994 passed by the learned second ADJ, Sihore Camp, Nasrullahganj, in Civil Appeals No. 9A/93 and 6-A/93 arising out of the judgment dated 30.07/1993 passed by learned Civil Judge, Class-II, Budhni in Civil Suit No.35-A/1992.

(2.) It is not disputed that the respondent No.1 Raju is the son of respondent No.2 and the deceased Jashoda Bai was the mother of respondent No.2 Onkar. The deceased plaintiff -Jashoda Bai had filed Civil Suit No.35-A/1992 against the defendant/respondent No.2 Omkar and appellant/defendant Ramgopal and proforma party the State of MP, seeking the relief of declaration of title and injunction with regard to suit property bearing khasra Survey Numbers 62/1, 62/2, 112/61 admeasuring 8.17 acres situated at village ? Jamuniya, Tahsil ? Budhni, district ? Sihore. The plaintiff sought the relief of declaring the sale deeds dated 26.04.1982 and 14.09.1992 to be null and void. Learned trial court allowed the suit, declared the sale deed dated 14.09.1982 null and void and out of 4 acres of the suit land declared the plaintiff/ respondent No.1 Yashoda Bai as the owner and title holder of two acres of land.

(3.) It is also not disputed that the suit land originally belonged to Bhurelal. Burelal was owner of the land admeasuring 11.99 acres. He had three sons, namely, Jhandulal, Chhotelal and Lalsingh. These three brothers were jointly in possession of the land. Subsequently, Jhandulal got his share of 4 acres of land out of 8.17 acres bearing khasra numbers 62/1, 62/2 and 112/62. Jhandulal died in the month of "Falgun" in the year 1975. The plaintiff Jashoda Bai is the widow of Jhandulal and the defendant No.1 Omkar is the son of late Jhandulal.