Arun Bhansali, J. - (1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 16.04.2010 passed by Additional District Judge No. 2, Bhilwara, whereby, the appeal filed by the appellant against judgment and decree dated 22.11.2008 passed by Civil Judge (Senior Division), Gangapur, Bhilwara has been rejected.
(2.) The facts in brief may be noticed thus : the appellant plaintiff filed a suit seeking cancellation of sale deed and permanent injunction against his father Udai Ram and other defendants, inter alia, with the averments that the suit property being agricultural land was unpartitioned and the plaintiff had 1/8th share in the suit property, however, the defendant No. 3 Dinesh got executed sale deed dated 25.07.2003 for a consideration of Rs. 1,15,000/- from only defendant No. 2 - Udai Ram, his father, and prayed for cancellation of sale deed dated 25.07.2003 and permanent injunction.
(3.) A written statement was filed by the defendant Nos. 1, 2, 4 and 5 (family members), inter alia, indicating that the sale was executed by defendant No. 2 - Udai Ram as Karta of the family for the necessity of the family and all the members of the family including the plaintiff were bound; allegations were made regarding the mannerism of the plaintiff regarding his being involved in consumption of drugs and being involved in gambling and that his wife and children were being maintained by Udai Ram; from the consideration of the suit land a sum of Rs. 25,000/- was placed in Fixed Deposit in the name of plaintiff's son Kishan Lal and another sum of Rs. 25,000/- was deposited in the Fixed Deposit in the name of his another son Laxman.;