KHEMA Vs. BHAGWAN

JUDGEMENT

(1.) This second appeal has been filed under Section 100, C.P.C. by defendant appellants against the judgment and decree dated 30-6-1980 passed by learned District Judge. Bhilwara in Civil Appeal No. 91 of 1977 confirming the judgment and decree dated 22-10-1977 passed by the learned Civil Judge, Bhilwara in original Civil suit No. 34 of 197l - Bhagwan and another v. Khema and others.

(2.) It is pertenant to mention that the learned District Judge. Bhilwara by his impugned judgment and decree had allowed the cross objections filed by plaintiff respondent Bhagwana and his mother Nani under Order 1, Rule 22, C.P.C. modifying the decree passed by the learned Civil Judge decreeing the restoration of the possession by ejecting the defendant appellants Nos. 1 to 3 and defendant respondent No. 4.

(3.) Civil Suit was filed by Shri Bhagwana and his mother Smt. Nani plaintiff-respondents Nos. 1 and 2 on the ground inter alia that the land in dispute is an ancestral property and they are members of the joint Hindu Family and they are governed by Matakshrs School of Hindu Law. According to the plaint allegation, plaintiff No. 1 Bhagwana is a minor co-parcener while his mother plaintiff No. 2 Nani had charge over the disputed land being legally wedded wife of defendant Uda. It is also alleged in the plaint that the disputed agricultural land is ancestral acquisition in which Bhagwana plaintiff-respondent No. 1 is a co-parcener and the defendant Uda had no right, title and interest to execute three sale deeds in favour of defendants 1 to 4. It is also alleged that the registered sale deed, executed by defendant respondent No. 3 Uda on 2-4-68 in favour of Khema defendant appellant No. 1 about Plot No. 1143 area 6 bigha 13 biswas for a consideration of Rs.700.00 the second registered sale deed executed by defendant Uda on 15-5-68 in favour of Gokul defendant respondent No. 4 about Plot No. 101 are 1 Bigha 2 Bishwas for a consideration of Rs. 500.00. and third registered sale deed executed dated 15-5-68 by Shri Uda in favour of Shola and Kana defendant-Appellants Nos. 2 and 3 about Plots Nos. 102 and 106 area 2 Bigha 16 Biswas with a well for consideration of Rs. 2,500.00. It is further alleged that aforesaid three registered sale deeds have been executed by Uda without their permission and without any legal necessity. It is also alleged that the aforesaid sale deeds had been executed by defendant Uda without consideration which has necessitated to file present suit for cancellation of three sale deeds and also for restoration of possession.