HEMANT GODARA Vs. BANWARILAL

JUDGEMENT

(1.) The matter comes up for admission, however, looking to the nature of case and at the request of learned counsel for the parties, the appeal has been finally heard.

(2.) This appeal is directed against the order dated 17.9.2015 passed by the Additional District Judge No.1, Sriganganagar, whereby, the application filed by the respondents - defendants under Order VII Rule 11 CPC has been allowed and the plaint filed by the appellants - plaintiffs has been rejected.

(3.) The plaintiffs filed a suit for cancellation of sale deed dated 18.8.2008, executed by their father - Krishanlal. It was inter alia alleged in the plaint that the property in question belonged to one Manglu Ram, who was survived by Sultan and Krishanlal - two sons, the plaintiffs are the sons of Krishanlal. Krishanlal by the impugned sale deed dated 18.8.2008, transferred the property in question to defendants - Banwari Lal, Smt. Meera Devi and Smt. Kaushalya Devi. It was alleged in the plaint that the property in question was that of joint family and that Krishanlal had transferred the property without there being any family necessity and, therefore, the sale deed dated 18.8.2008 be canceled.