SANJAY KUMAR SONI Vs. JANAK LAL SONI DEAD
LAWS(CHH)-2020-11-78
HIGH COURT OF CHHATTISGARH
Decided on November 18,2020

Sanjay Kumar Soni Appellant
VERSUS
Janak Lal Soni Dead Respondents




JUDGEMENT

MANINDRA MOHAN SHRIVASTAVA,J. - (1.)This Second Appeal arises out of judgment and decree dated 25/06/2007 passed by the 8th Additional District Judge (FTC), Durg, Chhattisgarh in Civil Appeal No.33A/2006 arising out of judgment and decree dated 07/02/2003 passed by the 5th Civil Judge, Class II, Durg in Civil Suit No.53A/2000.
(2.)The respondent/plaintiff filed a suit seeking declaration of his title and also seeking a declaration that will deed dated 05/01/1981 and subsequent sale deed dated 04/03/1985 and 04/04/1985 are illegal and inoperative in law. A consequential relief of permanent injunction was also sought. Plaintiff's suit was based on the pleadings that the property in dispute was part of the ancestral property earlier held by the grand father Gayaram. It was pleaded that Gayaram had two sons, Bodhan and Tularam. After their death, Tularam, father of the plaintiff and the plaintiff succeeded to the property and remained in cultivating possession. After various sale deeds, 14.92 acres of land remained in the hands of Tularam and one Daduram, son of Malla Dheemar got sale deed fraudulently executed on 05/01/1981 from Tularam without payment of any consideration which led to filing of a suit by Tularam that such sale deed was not binding on him. During the pendency of such suit, Tularam died. In course of time, dispute arose when the defendants claiming title on the basis of alleged sale deed, which led to opening of revenue proceedings also. Two sale deeds were also consequently executed on 04/03/85 and 04/04/85. In this manner, cause of action arose for the plaintiff to file suit.
(3.)On the other hand, the defendants resisted claim of the plaintiff by submitting that it is the defendants who acquired valid title by virtue of sale deed and therefore, will deed and sale deed were in accordance with law.


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