GOPAL DAS Vs. JAWANT RAJ

JUDGEMENT

(1.) THE present second appeal has been filed by the appellants � plaintiffs against the judgment and decree dtd.25.11.2005 passed by the learned Additional District Judge, Barmer in Civil Appeal decree No.1/2000 - LRs. Gopal Das and ors. V/s LRs. Jawant Raj and ors. whereby the learned Additional Dist. Judge dismissed the appeal and affirmed the judgment and decree dtd.8.8.1996 passed by the learned Civil Judge (S.D.), Barmer in Civil Original Suit No.14/1993 � Gopal Das and ors. V/s Jawant Raj and ors. whereby the learned trial Court dismissed the suit for declaration and injunction.

(2.) THE case of the plaintiffs � appellants was that original plaintiffs are sons of Faras Ram. The suit property, a residential house sitauted at Jatiyo Ka Vas, Barmer was constructed by Idan Ram father of defendant No.4 Faras Ram and the appellant No.1 Gopal Das was born on 15.7.1960 and thus became a coparcener in the said property being grand-son of Faras Ram. Idan Ram died in August, 1961 and thereafter the appellants No.2 Arjun Das and 3 Bhanwar Lal were born on 1.1.1963 and 29.10.1966 respectively. It was therefore, alleged that the plaintiffs have right in the suit property by birth. However, the defendant No.4 Faras Ram sold the said house to defendants No.1 to 3 (Jawant Raj, Chandan Mal and Jai Narain respectively) by registered sale-deed dtd.1.11.1966 without any legal necessity of the family. Therefore, the present suit was filed for declaring the sale-deed dtd.1.11.1966 as null and void as accoridngly to the plaintiffs, their father - the defendant No.4 Faras Ram had no right to sell the entire house. He had only �th share in the joint property.

(3.) AGAINST the judgment and decree dtd.8.8.1996, the appellants preferred first appeal before the learned Additional District Judge, Barmer, which too was dismissed by the learned first appellate Court vide judgment and decree dtd.25.11.2005.