MANJU TIWARI Vs. ARUN KUMAR TIWARI

JUDGEMENT

(1.) Appellants have preferred this Civil Appeal against the impugned judgment and decree dated 02.05.2018 passed by Additional District Judge, Rajnandgaon in Civil Suit No.5A/2014 whereby and whereunder he dismissed the appellants' suit and decreed the counter claim of respondent No.2 herein.

(2.) This is admitted by respondent No.1 that the ancestral house of the appellants and him is situated in the land bearing Khasra No. 344/20 ad- measuring 0.01 ¾ =792 sq ft = 73.605 sq. meter at Tulsipur Ward No.16 behind Leaf Godown Rajnandgaon which has been shown in Schedule- A, which is the part of the plaint, he is a habitual drunker and gambler, he is father of the appellants No.2 to 4 and husband of appellant No.1, on 25.11.2008 the respondent No.2 threatened to the appellants for vacating the disputed house. This is also admitted by respondent No. 1 and respondent No. 2 that respondent No.1 had sold the said land along with disputed house by the registered sale deed dated 16-6-2018 vide Ex. D-2 to the respondent No.2. This is further admitted by respondent No. 1 that, he had never intimated the appellants regarding receiving of consideration, respondent No. 2 had got executed the registered sale deed from him under the conspiracy and playing fraud, he had no right to sale the said land along with disputed house.

(3.) In brief the appellants' case is that disputed house is ancestral property of the appellants and respondent No. 1. Appellants have 1/5th share each in disputed house and respondent No.1 has only 1/5 share in disputed house. The registered sale deed is null and void.