LAWS(RAJ)-2009-7-1

BAJE SINGH Vs. GEND KANWAR

Decided On July 01, 2009
BAJE SINGH Appellant
V/S
GEND KANWAR Respondents

JUDGEMENT

(1.) THIS is plaintiffs' second appeal under S.100 CPC against the judgment and decree dated 15.11.08 passed by Additional District Judge Jhalawar, in Civil Appeal No.76/05, whereby the judgment and decree of dismissal of the suit passed by the Civil Judge (Sr.Div.) Jhalawar in Civil Suit no.19/02, was affirmed.

(2.) BRIEF facts of the case are that the plaintiff-appellants filed a suit against the defendant-respondents for cancellation of sale-deed of the disputed land stating therein that Kishan Singh sold the land by a registered deed dated 19.5.01 to defendant-respondent no.1-Gend Kanwar, without any consideration. It was further stated that the plaintiffs are co-sharers in the said land, therefore, Kishan Singh alone was not having any right to sell-off the land. Defendant nos.1 and 2 filed reply, denying the averments in the plaint.