J U D G M E N T

(Passed on 09/04/2025)

The appellants (hereinafter referred as 'plaintiffs') have filed this appeal under Section 96 of Code of Civil Procedure challenging the judgment and decree dated 28.03.2008 passed by Additional Judge to the Court of First Additional District Judge, Datia (M.P.) in Civil Suit No. 18- A/2007 whereby, suit for declaration of their share in the suit property, declaration that the sale deed executed by defendant no.1 (hereinafter referred as 'Hukum Singh') in favour of defendant no.5 is null and void and also for decree of permanent injunction, has been dismissed by the trial Court.

[2]. This appeal has been contested by respondent/defendant no.5 alone.

[3]. The facts which are not in dispute are that the suit property originally belonged to one Prem Narayan. Defendant no.4 - Smt. Ramshri is the widow of Prem Narayan while defendant no.1 (Hukum Singh) and defendant no.2 & 3 are his sons. The plaintiffs are the sons of Hukum Singh. It is also not in dispute that Hukum Singh has executed a sale-deed dated 10.05.2006 (registered on 18.05.2006) in favour of defendant no.5 in respect of 0.40 hectares of land which is the suit property in the instant case.

[