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