JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. Defendant No. 1 has filed present appeal under Section 96 of the CPC challenging the judgment and decree dated 05.04.2006 passed by the learned First Additional District Judge, Raigarh in Civil Suit No. 4-A/2006 by which the learned trial Court decreed the suit for declaration and permanent injunction in favour of the plaintiff granting permanent injunction to plaintiff holding that defendant No. 2 is not in possession of the suit property mentioned in Schedule A and B, therefore, the sale deed executed on 30.09.2003 in favour of defendant No. 1 is not binding upon the plaintiff. Learned trial Court further restrained defendant No. 1 from possession of the suit permanently.

2. For the sake of convenience parties would be referred to as per their status in the suit filed before the trial Court.

3. The brief facts as reflected from the plaint averments are that the plaintiff has filed civil suit for declaration that the sale deed dated 30.09.2003 is not binding upon them. It has been contended that the plaintiff and defendants are Gond tribals and as per their custom defendants cannot inherit succession and in Gond community widow and daughter are on