RUGGI AND ANR Vs. SMT CHAMELA AND ORS

JUDGEMENT

(1.) The Appellants, who were Defendants Nos. 1 and 2 before the trial Court, have approached this Court by way of this appeal challenging the judgment and decree of the Lower Appellate Court, whereby suit of the Plaintiff-Respondents Nos. 1 to 4 was decreed.

(2.) Respondents Nos. 1 to 4 brought the suit seeking decree of declaration to the effect that they are joint owners in possession of the property in dispute to the extent of 4/9th share and the sale deed dated 18.04.1995 executed by Respondents Nos. 3 to 7(Defendants Nos. 3 to 7) in favour of the Appellants was illegal and not binding upon their rights to the extent of their share. A decree for injunction was also prayed restraining the Appellants from raising any construction over the suit property.

(3.) It was averred in the suit property that the property in dispute which is within the Abadi Deh of the village was ancestral property of the Respondents/Plaintiffs which was inherited by them after the death of Shibha(their father). The suit was contested by the Appellants raising various preliminary objections. On merits, it was submitted that they were owners in possession of the suit property on the basis of the sale deed dated 18.04.1995 being bona fide purchasers with valuable consideration.