NARAIN SINGH Vs. AMRARAM

JUDGEMENT

(1.) THIS is defendant's first appeal arising out of the judgment and decree passed by learned District Judge, Merta dated 17. 8. 87 whereby he has decreed the suit filed by the plaintiff.

(2.) THE brief facts of the case are that the respondent Amra filed a suit for cancellation of sale-deed dated 27. 6. 73 and for declaration and possession of the suit land. According to the plaintiff-respondent, originally the property stood in the name of one Kana father of Bheru and after the death of Kana in Samvat Year 2002, the property came in the hands of Bheru as ancestral property. It was alleged that the plaintiff was adopted by Bhura by a registered adoption-deed dated 31. 7. 58. It was alleged that sale-deed executed by his adoptive father Bheru @ Bhura with regard to Khasra no. 655 and 655/1 situated at Mithri village, Tehsil Nawa was ineffective and not binding on plaintiff as he gets right in the ancestral property. It was alleged that the sale was not for legal necessity of the family and he prayed for cancellation of sale-deed and possession of the disputed land from the appellants. During the pendency of appeal Bheru died on 11. 9. 77 and his L. Rs. were brought on record.

(3.) THE learned court below after hearing counsel for both the parties and discussing the various provisions of Rajasthan Tenancy Act, 1955 and the authorities held that the Civil Court has jurisdiction to try the suit vide its order dt. 18. 4. 75.