VISHWANATH GUPTA Vs. VIRENDRA NATH AGRAWAL

JUDGEMENT

(1.) This appeal under Section 96 CPC has been filed by appellants who are the legal representatives of original plaintiff Jagannath Prasad Gupta against the judgment and decree dated 20-7-1995 passed by learned 4th Additional District Judge, Sagar in Civil Suit No. 1-A/90.

(2.) The pedigree of plaintiff as pleaded in Para 1 of the plaint is as under :- <IMG>JUDGEMENT_148_AIR(MP)_2007Image1.jpg</IMG>

(3.) The suit has been filed for declaration that the registered sale-deed dated 20-11-1986 which is the half portion of yellow, red, green and without colour shown in the plaint map and which has been sold by defendant No. 1 to defendants 2 and 3 is illegal and ineffective with a further relief that defendants be restrained from interfering with the possession of the plaintiff and plaintiff may not be dispossessed. In the alternative it has also been prayed that in case defendant No. 1 is found to be the owner of half portion of the suit house, it be sold to the plaintiff for a consideration of Rs. 1,25,000.00 after deducting Rs. 1,00,000.00 as this amount was incurred by the plaintiff in reconstruction of the house as the same was ablaze in the riots of 1984 on account of assassination of Smt. Indira Gandhi and thus it has been prayed that defendant No. 1 be directed to obtain Rs. 25,000/- towards consideration and the sale-deed be affected in favour of plaintiff since he (defendant No. 1) sold the suit property for a consideration of Rs. 1,25,000/- to defendants 2 and 3.