LAWS(RAJ)-2009-8-323

YASIN MOHAMMAD Vs. RAMJANI

Decided On August 03, 2009
YASIN MOHAMMAD Appellant
V/S
RAMJANI Respondents

JUDGEMENT

(1.) THIS is defendant's second appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 13/7/2005 passed by Additional District Judge no. 4, Kota in Civil Regular Appeal No. 15/2003 whereby the learned Judge set aside the judgment and decree dated 25/7/1996 passed by Additional Civil Judge (Junior Division)No. 2 North, Kota in Civil Suit No. 227/1993.

(2.) BRIEF facts giving rise to this appeal are that plaintiff-respondent filed a suit for cancellation of sale deed and declaration with the averments that proforma respondent no. 2 Dr. Abdul Hamid Siddique is son of plaintiff-respondent ramjani who sold the disputed property of the plaintiffrespondent ramjani to the defendant-appellant Yasin mohammad by registered sale deed without any authority. It was also pleaded that son of the plaintiff is mentally not fit.

(3.) THE defendant-appellant denied the averments made in the plaint and stated in his written statement that proforma respondent Dr. Abdul Hamid siddique has received the disputed property in 'hibba' from the plaintiff-respondent Ramjani, therefore being owner, he sold the said property to him against the consideration of Rs. 11020/ -.