KAMALA KUMARI BOHARA Vs. HAREKRISHNA GHADEI

JUDGEMENT

(1.) Defendant No. 1 is the appellant against a confirming decision. Plaintiff-respondent No. 1 filed O.S. No. 182 of 1979 for declaration that the transfer of the disputed property is void and in the alternative, to allow the plaintiff to re-purchase the disputed land.

(2.) Plaintiff is the son of one Bhikari Ghadei. Defendant No. 1 is the alienee from Gurbari, widow of Bhikari Ghadei and defendants 2 and 3 are the daughters. It is claimed that the disputed land is the ancestral property of Bhikari Ghadei who expired in the year 1971. Thereafter, on 18-7-1974 plaintiff's mother Gurubari alienated the disputed property for Rs. 100/- in favour of defendant No. 1 by executing a sale deed for herself as well as on behalf of her minor son, the plaintiff. On receipt of notice in Mutation Case No. 5012/76, the plaintiff came to know about the illegal allegation by his mother and thereafter filed that suit on 14-12-1979 claiming that he is not bound by the sale deed (Ext.A). It was further claimed that the sale deed was also not binding in respect of his mother's share and alternatively, it was prayed that the disputed property which was homestead land should be re-conveyed in favour of the plaintiff on refund of consideration.

(3.) Defendant No. 1 in her written statement pleaded that Ext. A, the sale deed, had been duly executed for legal necessity and the plaintiff as well as defandants 2 and 3 are bound by the same.