Sarwan Patel (Died through Lrs) v. Govindram Patel And Ors.
Case brief
What is this about?
Chhattisgarh High Court second appeal dismissed; purchaser of a coparcener/co-owner's undivided share gets only the vendor's interest and a right to sue for partition, not specific property; compromise decree obtained by fraud and collusion declared null and void; unchallenged registered sale deed presumed genuine and need not be proved; Hindu Succession (Amendment) Act 2005 / Section 6 daughters-as-coparceners does not invalidate prior alienation within vendor's competence; no substantial question of law under Section 100 CPC; concurrent findings not perverse; sale deeds dated 28.03.1995 not binding on prior purchaser; permanent injunction upheld; Sakti / Janjgir-Champa; Khasra Nos. 397, 430/2, 289/1; 0.813 Hec.; consideration Rs. 53,100/-.
What did the court decide?
None to the appellants. The concurrent decrees in favour of the plaintiff stand upheld: declaration of his title to 0.813 Hec. purchased under sale deed dated 19.03.1993, partition of that extent from the vendor's share, declaration of the compromise decree dated 28.01.1994 as null and void, the sale deeds dated 28.03.1995 held not binding on the plaintiff, and permanent injunction against interference; parties to bear their own costs.