VIKASH Vs. RAJ KUMA

JUDGEMENT

(1.) The plaintiffs have filed this regular second appeal impugning the judgment of the courts below, whereby their suit has been dismissed. Plaintiff No.1 is the son of defendant No.2. Plaintiffs No.2 and 3 (who were minors at the time of institution of the suit) are also the sons of defendant No.2.

(2.) The plaintiffs filed a suit for declaration to the effect that sale deed No.2410 dated 7.10.2005 executed by defendant No.2 in favour of defendant No.1 and mutation No.3038 based thereon sanctioned in his favour and the further sale-deed No.3723 dated 28.3.2007 executed by defendant No.1 in favour of defendant No.3 were illegal and null and void. It was their case that the plaintiffs and defendant No.2 constituted Joint Hindu Family. The suit land was ancestral property in the hands of defendant No.2 in which the plaintiffs had right by birth. Defendant No.2 wrongly and illegally executed sale deed No.2410 dated 7.10.2005 in favour of defendant No.1 without any legal right, legal necessity or benefit of estate. Thereafter, defendant No.1 sold the suit land to defendant No.3 vide sale deed No.3723 dated 28.3.2007.

(3.) The defendants denied that the suit land was ancestral property or that the plaintiffs had right in it by birth. It was pleaded that defendant No.2 was absolute owner of the suit land. The plaintiffs had no right to challenge the sale-deed. It was denied that the execution of sale-deed was an act of mis-management.