INDARAUTIN BAI Vs. ASHOK BAVANKAR

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the plaintiff is as under: - "Whether the lower appellate Court was justified in reversing the findings that the sale-deeds date 19/11/1986 (Ex-P/4 and P/5) were void and inoperative documents as has been held by trial Court ?" (For the sake of convenience, parties would be referred hereinafter as per their status shown in the plaint before the trial Court.)

(2.) The suit property was originally held by Narrotam Sahu. He had two wives namely, Suhaga and Samund Bai. The plaintiff is daughter of first wife namely, Suhaga, whereas Samund Bai was second wife of Narrotam Sahu, who is impleaded as defendant No.4 in the suit, who died during pendency of first appeal. Samund Bai sold the part of suit land to defendants No.1 and 2 by registered sale deeds dtd. 19/11/1986 (Ex.P-4 and P-5) and said to have delivered peaceful possession of the suit land to them. Indarautin Bai filed a suit for declaring the sale deeds dtd. 19/11/1986 (Ex.P-4 and P-5) executed in favour of defendants No.1 and 2 as null and void and also sought for permanent injunction stating inter-alia that the plaintiff is title-holder of the suit land and defendant No.4 was not entitled to alienate the suit land without her consent and as such, no title has been conferred in favour of defendants No.1 and 2 by sale deeds dtd. 19/11/1986 (Ex.P-4 and Ex.P-5). Therefore, she is entitled for declaration of title and for permanent injunction restraining defendants No.1 and 2 to interfere with her peaceful possession.

(3.) Defendants No.1 and 2 filed their written statement stating inter-alia that Samund Bai was legally wedded wife of Narrotam Sahu and they have purchased the suit land from her as she sold the suit property for her maintenance.