SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Chh) 549

GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Kamta Prasad S/o Dheluram – Appellant
Versus
Pilwadas S/o Baijnath – Respondent


Advocate Appeared:
For the Appellants :Shri KS Kurre along with Shri JS Kurre, Advocates.
For the Respondent: Shri RS Patel, Shri Praveen Shrivastava, PL.

JUDGMENT :

Goutam Bhaduri, J.

1. Heard.

2. The present Appeal is against the judgment and decree dated 30.04.2019 passed by the District Judge, Bemetara in Civil Suit No.16-A/2018 whereby, the suit filed by the Appellants/Plaintiff was dismissed.

3. (I) The brief facts of the case as pleaded are that the Appellants/Plaintiffs who are three in number namely Kamta Prasad, Yado Ram and Lakhbir Singh were sons of Dheluram-Defendant/Respondent No.2. They held a co-parcenary property, which was recorded in name of their father Dheluram. The Plaintiffs claimed that the partition was effected between them and the suit property which was sold by Dheluram belongs to them as it fell in their share. The sale deed was executed in respect of Khasra Nos.792 admeasuring 0.30 hectares and 796 admeasuring 0.64 hectares by father of the Plaintiffs. The Plaintiffs pleaded that their father was given a share of a different land. Over that background, in the year 2011, Dheluram sold the property to Defendant No.1-Pilwadas wherein, the right was claimed by the Plaintiffs. According to the Plaintiffs, they were in dire need of money and as such, a sham and bogus sale deed was executed by their father, though

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top