SATWANTI DEVI Vs. SUSHIL KUMAR TIWARI

JUDGEMENT

(1.) This second appeal has been filed challenging the judgment dtd. 25/5/2019 (decree signed on 3/6/2019) passed by the learned District Judge VI, Palamau at Daltonganj in Title Appeal No. 25 of 2010 whereby the learned appellate court has dismissed the appeal and confirmed the judgment dtd. 19/4/2010 (decree signed on 6/5/2010) passed by the learned Sub-Judge No. II, Palamau at Daltonganj in T.S. No. 136 of 2002. The appellants are the plaintiffs in the suit.

(2.) The suit was filed for declaration of sale deed No. 9356 dtd. 18/10/2002 executed by Sarwan Tiwary father of the plaintiffs in favour of defendant No. 1 Smt. Shanti Devi as void-ab-initio and further that the plaintiffs have got right to get such a declaration as the sale deed is voidable and the suit property was the coparcenary property.

(3.) The learned counsel for the appellants has submitted that no consideration amount was paid to the father of the plaintiffs who had executed the sale-deed dtd. 18/10/2002 in favour of the defendant No. 1. He has also submitted that the father of the plaintiffs, though was alive at the time of filing the suit, but was not made party as he was a person of unsound mind.