Decided on July 08,2005

Kapil Chamar Appellant
Bagharaj Respondents


V.K.SHRIVASTAVA,J. - (1.) This second appeal is directed against the judgment and decree dated 6-1-1988 passed by II Additional District Judge, Ambikapur, Camp: Surajpur in Civil Appeal No. 129-A/87 reversing judgment and decree dated 24-12-1980 in Civil Suit No. 26-A/76 passed by Civil Judge, Class II, Surajpur.
(2.) Respondent/plaintiff filed a suit for declaration and possession against the appellants/defendants alleging that the lands detailed in Schedule A to the plaint are his self-acquired property and on 23-6-1973 the appellants/defendants got two sale deeds executed in their name; of the property detailed in Schedules B and C to the plaint and got the same registered by through other person, personating them as respondent/plaintiff, and thereafter, got their names mutated in revenue record and entered possession forcibly. Appellants/defendants pleaded that the suit property belong to their father Chhotan Chamar and the plaintiff/respondent being the eldest son of Chhotan Chamar, became Karta of the family and after the death of Chhotan Chamar, who got the Patta prepared in his own name, but despite that appellants and respondent were remained in joint possession of the suit land. But, with intention to oust the defendants, plaintiff got two sale deeds executed and registered in the name of the defendants. The sale deeds were executed by the plaintiff with ulterior motive so as to deprive the appellants from their right over the suit property.
(3.) Learned Trial Court held that the alleged sale deeds were got executed by the plaintiff at his own accord, therefore, he is not entitled for relief as prayed for and accordingly dismissed the suit. However, learned First Appellate Court held that the suit lands were self-acquired property of the respondent/plaintiff and as appellants/defendants raising to claim that they had purchased the same for valuable consideration allowed the appeal and decreed the suit in favour of respondent/plaintiff.;

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