AVINASH BHATT Vs. REKHA

JUDGEMENT

(1.) This first appeal is filed by the appellant/plaintiff against judgment and decree dated 27.04.2001 whereby the suit filed by him for the relief of declaration has been dismissed.

(2.) Facts of the case, in short, are as under: The plaintiff filed the suit that he be declared the owner of Flat No.305, Jaishri Apartment, House No.6/1, New Palasia, Indore (herein after called as 'suit property') and the sale deed dated 30.05.1989 executed in favour of defendant No.1 be declared void.

(3.) The defendant No.1 is a mother and defendant No.2 is a father of plaintiff. The defendant No.3 is a sister of defendant No.2. As per the pleadings in the plaint the 'suit property' was purchased from the income of Late Ratilal Ji Bhatt i.e. his Grand Father. According to the plaintiff, he gave his money received after retirement to the defendant No.2 for purchase of 'suit property' in his name but he purchased the 'suit property' in the name of defendant No.1 vide registered sale deed dated 30.05.1989. Late Ratilal Ji worked as an accountant in the Bharat Cooking Coal Ltd. from 01.01.1947 to 30.06.1976 and after retirement he received substantial amount. He had no knowledge that defendant No.1 is owner of the 'suit property'. Ratilal Ji being grandfather of plaintiff had executed a Will dated 26.10.1993 in his favour bequeathing the 'suit property' to him. During his lifetime Shri Ratilal Ji lived in the said 'suit property' and at the last time he was suffered paralysis and other ailment. Therefore, after the death of Late Ratilal Ji on 14.01.1994 as per the Will dated 26.10.1993 the plaintiff has become the exclusive owner of the 'suit property'. He came to know that the defendant Nos.1 to 3 are trying to dispose of the 'suit property' by way of sale and the proposed buyer and brokers are coming to the 'suit property', therefore, he is entitled for a decree of title of the said 'suit property' and the sale deed dated 30.05.1989 be declared void.