BHAGIRATH Vs. BALWANT

JUDGEMENT

(1.) The present Second Appeal has been filed against the judgment dated 30.04.2015 passed by Civil Judge Class-I, Sehore in Civil Suit No.18A/2014 by which the suit filed by the plaintiff has been dismissed against which, an appeal was preferred and the First Appellate Court in Civil Appeal No.30-A/2015 vide judgment and decree dated 27.07.2016 has affirmed the judgment and decree passed by the trial Court. This is a second appeal by the plaintiff.

(2.) The facts of the case are that the plaintiff has filed a civil suit for declaring a sale deed dated 27.03.2013 as null and void. A plea was taken by the plaintiff that the land is ancestral property and he is having his share in the property and, therefore, the property could not have been sold by one of the brothers. Before the trial Court a written statement was filed by the defendant; wherein, it was stated by the defendant that in the year 2000, a partition took place between the parties. The factum of the partition was brought to the notice of Revenue Authorities and mutation also took place in which the plaintiff had participated. It has been stated that by virtue of partition the defendant has sold his piece of land, and, therefore, as the defendant was the exclusive owner a prayer was made for dismissal of the suit.

(3.) Learned counsel for the respondent argued before this Court that none of the mode of the partition was put forth before trial Court and in those circumstances, the judgment and decree passed by the Courts below are bad in law.