MAHENDRA KUMAR Vs. MOHD. SALIM

JUDGEMENT

(1.) THIS appeal is directed against judgment and decree dated 12.05.2009 passed by Additional District Judge No.1, Chittorgarh, whereby, the appeal filed by the appellant against the judgment and decree dated 07.02.2003 passed by Additional Civil Judge (Senior Division) No.2, Chittorgarh has been dismissed.

(2.) THE facts in brief may be noticed thus : a suit was filed by the plaintiff -appellant seeking cancellation of sale deed dated

(3.) THE trial court framed six issues and after evidence was led by the parties and after hearing the parties, it came to the conclusion that the suit was filed within limitation, the plaintiff had no right in the suit property as the property was partitioned by Ram Narayan in his life time and the same fell in the share of defendant No.2 and was, therefore, a self acquired property. Even if, Ram Narayan had died intestate, the property would have devolved on defendant No.2 Khyali Lal only and the plaintiff being grand -son has no right in the suit property as in Class I heirs the grand -son is not included. Based on the said finding, the other issues were also decided in favour of the defendants and the suit was dismissed.