KAUSHLENDRA SINGH Vs. UMA PRAKASH BRAHMIN

JUDGEMENT

(1.) HEARD on admission. This second appeal at the instance of defendant No. 1 is directed against the judgment and decree dated 29.6.2011 passed by the Additional District Judge, Amarpatan District Satna in Regular Civil Appeal No. 51 -A/2009; whereby, the judgment and Decree dated 13.11.2009 passed by Civil Judge Class I, Amarpatan in Civil Suit No. 38 -A/2008 has been partly reversed.

(2.) THAT on the basis of long possession over a piece of land ad -measuring 0.64 acre being part of 0.74 of Khasra No. 600 situated at village Mahudar, respondent/plaintiff No. 1 filed a civil suit for the relief that the sale deed executed by respondent/defendant No. 2 in favour of appellant/defendant No. 1 be declared void ab initio and for permanent injunction on the ground that the property was in possession of his ancestors, the respondent/defendant No. 2 is not the owner of suit property and as such the sale effected by him is null and void.

(3.) IT has been held in Rame Gowda vs. M. Varadappa Naidu : (2004) 1 SCC 769: -