AMRENSIYA TOPPO Vs. NEMAN

JUDGEMENT

(1.) Defendant No.3 has filed present appeal under Sec. 96 of the CPC challenging the judgment and decree dtd. 28/2/2015 passed by the learned Additional District Judge (FTC), Jashpur in Civil Suit No. 2-A/2013 by which the learned trial Court decreed the suit in favour of the plaintiff holding that the plaintiff is the title holder and in possession of the suit property bearing Khasra No. 779/2 area 1.197 Ha, Khasra No. 799/2 area 0.247 Ha. and Khasra No. 799/3 area 0.809 Ha situated at village Nakbar, P.H. No. 32, RI Circle Kansabel, Tahsil Bagicha, District - Jashpur and sale-deed dtd. 23/7/2003 is null and void.

(2.) For the sake of convenience parties would be referred to as per their status shown in the suit filed before the trial Court.

(3.) The brief facts as reflected from the plaint averments are that the plaintiff has filed civil suit for declaration of title and for declaring the sale deed dtd. 23/7/2003, order dtd. 8/8/2002 passed in the Revenue Case as null and void contending that the land bearing Khasra No. 779/2 area 1.197 Ha. Khasra No. 7999/2 area 0.247 Ha. And Khasra No. 799/3 area 0.809 Ha. situated at village Nakbar P.H. No. 32, Revenue Circle Kansabel, Tahsil Bagicha, District - Jashpur hereinafter referred to as suit property was recorded in the joint name of Birsai S/o Pahaharu, Baisam, Bhosa, Sheela D/o Mangru till 1978-79 which has been sold to Juliyus S/o Bolo Uraon of Village- Nakbar through the registered sale deed dtd. 4/5/1978 for sale consideration of Rs.2500.00 wherein in the sale deed, Birsai S/o Pahaharu, Baisam, Bhosa and Sheela have put their thumb impression. Narendra Kumar and Josheph have signed as witness and the possession of the suit property was given to Juliyus S/o Bolo Uraon.