ORDER

This second appeal has been filed by the appellants/plaintiffs under Section 100 of Code of Civil Procedure, 1908, against the judgment and decree dated 05.12.2018 passed by Additional District Judge, Badnagar, District - Ujjain (MP) in Regular Civil Appeal No.19-A/2016 by which the first appellate Court has affirmed the judgment and decree passed by Second Civil Judge, Class-II, Badnagar in Civil Suit No.53-A/2016. (2) The brief facts of the case are that the appellants are son of respondent No.1 and respondent No.2 is the wife of brother of respondent No.1. The uncles of respondent No.1 namely; Kanhaiyalal and Shyamsunder had executed a relinquishment deed in respect of suit house on 30.03.1988 in favour of respondent No.1 and his brothers namely Jagdish and Rameshwar. Mother of appellants and wife of respondent No.1 had filed criminal proceedings against respondent No.1 under Protection of Women From Domestic Violence Act, 2005, which was allowed on 24.08.2007 and respondent No.1 was directed to pay amount of maintenance to appellant's mother. Respondent No.1 had executed a sale deed in respect of suit property in favour of respondent No.2 on 28.05.2010. He further submitted that appellants have filed the civil suit against the respondents before the trial Court was that the suit plot situated at Kavi Kalidas Path, Badnagar, admeasuring 84 feet 3 inch long and 5 feet 4 inch wide towards western northern side and 4 feet 4 inch wide towards southern side, is the joint property of appellants and respondent No.1. He also submits that the said plot was registered as House No.151 and 152 which was converted in the year 1988 by the Municipality as house No.181 and 182. The suit property was ancestral property of appellants grandfather and his brothers who had relinquished their rights therefrom on 30.03.1998 in favour of appellant's grandfather. The respondents have illegally got the name of respondent No.1 and his brother recorded in the municipal record over the suit property and thereafter respondent No.1 got his name recorded over the new number 150/2 and sold the same to respondent No.2 on 28.05.2010 without receiving any consideration amount. The respondent No.1 was having cruel behaviour with appellants mother and therefore she filed proceedings against him under Domestic Violence Act.

(3) In the suit filed before the trial Court, the appellants/plaintiffs prays for grant of injunction against respondent No.1 from selling house No.30/2/1 situated at Azad Chowk, Badnagar, because appellants and respondents were residing as joint family therein and the said proceeding were pending. He further submits that respondent No.1 has sold the suit plot to respondent No.2 on 28.05.2010 without receiving any consideration amount and as the appellants were minor at the time of sale of the property and they are also not having any right therein and the respondent No.1 was not having any right to sale the suit property without taking leave from the competent court and the said transaction is null and void and contrary to the interest of appellants being minor at that time and thus the present suit for declaration of title, sale deed dated 28.05.2010 is null and void and permanent injunction against the respondents.

(4) Respondent No.1 has filed written statement and denied the plaint averments besides the admitted facts and has stated that the suit property is not the joint family property but his self owned property and he has got rights to sell that property and he has sold the suit property to respondent No.2 for the sale consideration of Rs.3,65,000/- and prays for dismissal of the suit. (5) The trial Court after framing issues and recording evidence has dismissed the suit filed by the appellants. Being aggrieved by the judgment and decree passed by trial Court, the appellants had preferred the regular appeal before learned lower appellate court and the said court