JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. Instant appeal is against the judgment and decree dated 07/02/2020 passed by the District Judge, Raipur in Civil Suit No. 60-A/2017 whereby suit preferred by the plaintiff/appellant claiming partition and cancellation of the sale deed was dismissed. Being aggrieved by such order, the present appeal.

2. Brief facts of this case are that, one Dr. Ramchandra Bagh, the father of defendant No.1 namely Arvind Bagh, defendant No.5 Prakash Bagh and defendant No.6 Smt. Vasanti Barhad Pandey purchased a property i.e. plot no.31 comprised in khasra No.305/2 admeasuring 80x50 sq.ft. by a sale deed dated 25/01/1969 (Ex.P-15). According, to the plaintiff, the house was constructed over the said plot in 1971. Subsequently, Dr. Ramchandra Bagh died intestate on 17/06/1977. Thereafter, on the said house, Usha Bagh wife of Dr. Ramchandra Bagh alongwith his son Arvind Bagh were residing. During her life time, Usha Bagh executed a sale on 19/10/2015 wherein Arvind Bagh, one of the son gave his consent. The sale deed was executed in favour of defendant No.2 Omprakash Ahuja, defendant No.3 Neeta Athwani, defendant No.4 Mohit Athwani. Usha Bagh died on 29/12/2016. Afte