CHINTAMANI SAHU AND ANOTHER Vs. RAMA CHANDRA SAHU

JUDGEMENT

(1.) The defendants are the appellants against an affirming judgment.

(2.) The plaintiff-respondent instituted the suit for declaration that the sale deed bearing no.411 dated 21.2.1987 executed by Sikhar Sahu in favour of defendant nos.1 and 2 as void and not binding on him. The case of the plaintiff is that he is the son of Sikhar Sahu.

(3.) The defendants filed written statement stating inter alia that the suit for declaration without any consequential relief is not maintainable. The suit is bad for non-joinder of necessary party. The specific case of the defendants is that Sikhar Sahu disposed of the suit property in their favour as a manager of the joint family. The suit land is the self-acquired property of Sikhar Sahu. The plaintiff had purchased other lands on 8.2.86 and 28.12.84. The plaintiff had relinquished his share after receiving Rs.12,000/- from Sikhar Sahu in the year 1972.