GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Kamta Prasad S/o Dheluram – Appellant
Versus
Pilwadas S/o Baijnath – Respondent
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
Bhaskar Waman Joshi v. Narayan Rambilas Agarwal (1960) 2 SCR 117 : AIR 1960 SC 301
Commissioner of Wealth-Tax, Kanpur etc. etc. v. Chander Sen etc.
Hardeo Rai vs. Sakuntala Devi and others reported in (2008) 7 SCC 46
Indira Kaur v. Sheo Lal Kapoor (1988) 2 SCC 488 : AIR 1988 SC 1074
K. Simrathmull v. Nanjalingiah Gowder . 1962 Supp (3) SCR 476 : AIR 1963 SC 1182
Mrs. Akella Lalitha vs. Sri Konda Hanumantha Rao and Anr. reported in AIR 2022 SC 3544
Mushir Mohd. Khan v. Sajeda Bano (2000) 3 SCC 536
Pandit Chunchun Jha v. Sk. Ebadat Ali (1955) 1 SCR 174 : AIR 1954 SC 345
Pandit Chunchun Jha v. Sk. Ebadat Ali (1955) 1 SCR 174 : AIR 1954 SC 345
Ramlal and Another vs. Phagua and Others reported in (2006) 1 SCC 168
Ramdas vs. Sitabai & Ors reported in AIR 2009 SC 2735.
S.B.I. vs. Ghamandi Ram reported in (1969) 2 SCC 33
Umabai v. Nilkanth Dhondiba Chavan (2005) 6 SCC 243
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