MAKARDHAJA KHAMARI Vs. SUKIA PADHAN AND OTHERS

JUDGEMENT

(1.) Defendant Nos. 1 and 2 appellants have filed this appeal challenging the judgment and decree dated 12.4.1983 and 20.4.1983 respectively passed by the learned sub-Judge, Bargarh in Title Suit No. 89 of 1981.

(2.) Respondent No. 1 as plaintiff filed the suit for declaration that he is not bound by the registered sale deed 28.8.1981 executed by defendant No. 2 in favour of defendant No. 1 and the same is null and void in respect of the schedule land. In the plaint, he specifically pleaded that Schedule-B land is the joint family properties of the parties. Till date, the parties hold and possess the properties jointly. The ROR was published in their names jointly and they are paying the rent accordingly. The disputed land described in Schedule-A is also a part of the joint family properties possessed by the parties jointly. Defendant No. 1 is a stranger to the family as well as to the joint family properties. On the ill-advice of defendant No. 1, defendant No. 2 executed a sale deed in respect of the disputed land on 28.8.1981 without knowledge and consent of the plaintiff. Defendant No. 2 is very weak in mind due to his old age. Taking advantage of his old age, defendant No. 1 pressurised defendant No. 2 to execute the sale deed without any consideration and the allegation of exclusive possession of defendant No. 2 in respect of the disputed land was false, baseless and the same was only a paper transaction. As there was no partition between the parties, defendant No. 2 had no right whatsoever to transfer the joint family properties without knowledge and consent of the plaintiff and the plaintiff was not bound by the same. Plaintiff and defendant Nos. 2 to 5 are in possession of the disputed land at their own right, title and interest. The cause of action for filing of the suit arose on 29.8.1981 when defendant No. 1 declared in the village that he had obtained a registered sale deed from defendant No. 2. After getting such information, the plaintiff verified about the truthfulness of the said fact, obtained the certified copy of the documents and filed the aforesaid suit.

(3.) The genealogy of the parties as given by the plaintiff in the plaint is as follows: