BHAIRA Vs. TARAN

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellants/legal representatives of the defendant is as under:

(2.) The suit property was originally held by Budhwarinbai and her son Dhansingh, which they sold by registered sale deed dated 1.5.1969 (Ex.D2) to defendantBhaira (who died during pendency of this second appeal) and placed him in possession. Late Shri Bhaira applied for mutation of his name before the Assistant Settlement Officer, Balodabazar on the strength of sale deed dated 1.5.1969, which was rejected by order dated 26.6.2000 (Ex.P12), against which, defendantBhaira preferred appeal before the Additional Collector, Balodabazar. The Additional Collector, Balodabazar by order dated 30.11.2002 (Ex.P11) held that sale deed dated 1.5.1969 is real/outright sale and it is not executed for security of loan and directed for recording of name of defendantBhaira in revenue records. Thereafter, on 12.11.2002 legal representatives of Dhansingh i.e. plaintiffs herein filed a suit for declaration of title and permanent injunction stating interalia that sale deed dated 1.5.1969 (Ex.D2) is not real/outright sale and it is executed for security of loan and the plaintiffs have perfected their title by way of adverse possession over the suit land, their father Dhansingh had no right and title to alienate the suit property and order of the Additional Collector, Balodabazar dated 30.11.2002 (Ex.P11) is not binding on them. Therefore, the plaintiffs are entitled for decree of declaration of title and permanent injunction.

(3.) Resisting the suit, DefendantBhaira filed his written statement and denied the averments made in the plaint stating interalia that sale deed executed by Budhwarinbai and her son Dhansingh in favour of him is real and outright sale, which has already been held by the Additional Collector, Balodabazar by order dated 30.10.2002 (Ex.P11) and as such, the suit deserves to be dismissed.