BASANT KUMAR Vs. KOMAL BAI AND ANOTHER

JUDGEMENT

(1.) This first appeal has been filed by defendant no.1 being aggrieved by judgment and decree dated 18.03.2010 passed by the First Additional District Judge, Ashoknagar in Civil Suit No.10-A/2009 Smt. Komal Bai v. Basant Kumar and Another .

(2.) It is the case of appellant-defendant no.1 that a suit was filed by plaintiff Komal Bai seeking declaration, permanent injunction and also cancellation of sale deed dated 23.05.2007 to be null and void. This suit was filed on 01.02.2008 on the ground that plaintiff Komal Bai is widow of Chironjilal Chheepa. At Village Madhhi Kanoongo, Tahsil Ashoknagar in the land measuring 2.404 hectares contained in Survey Number 88, plaintiff Komal Bai has share. She was having possession on said land. On the spot, names of three persons, i.e., plaintiff Komal Bai, Kantilal and Damodar Prasad are mentioned, who are the real brothers and sister. It was mentioned that defendant no.1-Basant Kumar, who is son of her brother Damodar Prasad, is working as Patwari at Beenaganj. Though Farm of the plaintiff is at Village Madhhi Kanoongo, but the plaintiff states that her son resides at Ashoknagar. Her son is engaged in the work of tailoring and she has given her land on sharing basis to her nephews Ramesh Kumar and Suresh Kumar sons of Kantilal, whose land is adjacent to her land.

(3.) Damodar in village started saying that the land in question was purchased by him from plaintiff Komal Bai through a registered sale deed and on hearing such talks, her nephew Ramesh Kumar approached her at Ashoknagar and asked plaintiff Komal Bai whether she had sold such land in favour of Basant Kumar, then she informed him that she had never sold such land to Basant Kumar and had only signed certain papers at Tahsil on insistence of said Basant Kumar to get partition/demarcation of the land of each of the parties.