VIJAY KUMAR TOPPO Vs. AMAR BILAS

JUDGEMENT

(1.) This second appeal has been taken-up for final hearing through video conference.

(2.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the plaintiff are as under:-

(3.) The suit property bearing Khasra Nos.1111/1 and 1114/2 were previously registered in the names of defendant No.2-Dashrath, Munki and one Jhalo in revenue records. The plaintiff purchased the suit land bearing Khasra Nos.1111/1 area 0.50 hectare (subsequently renumbered as Khasra No.1111/3) and Khasra No.1114 area 0.80 hectare (subsequently renumbered as Khasra No.1114/2) only from defendant No.2-Dashrath by registered sale deed dated 7.7.93 (Ex.P-31) and claimed that his name was duly recorded in revenue records in presence of defendant No.2 on 20.7.1992 pursuant to sale deed and he is continuing in possession over the suit land till 2002. In 2003, defendant No.1 started disputing his possession over the suit land in Khasra No.1111/3 area 0.15 decimal (0.057 hectare) and Khasra No.1114/2 area 0.40 decimal (0.186 hectare) claiming that the plaintiff has no title and he has purchased the suit land by registered sale deed dated 01.11.2000 (Ex.P-1) and thereby defendant No.1 dispossessed the plaintiff from the suit land, as such, the plaintiff has purchased the suit land, he is entitled for declaration that he is title-holder of the land bearing Khasra No.1111/3 area 0.50 hectare and Khasra No.1114/2 area 0.80 hectare and sale deed executed by defendants No.2 and 3 in favour of defendant No.1 is null and void and map annexed with sale deed dated 01.11.2000 (Ex.P-1) is also void and the plaintiff is entitled for restoration of possession of the suit land area 0.057 hectare of Khasra No.1111/3 and area 0.186 hectare of Khasra No.1114/2 shown in Schedule 'B' of the plaint from defendant No.1.