SANTOSH KUMAR Vs. PRATIBHA BAI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the plaintiffs is as under:- "Whether the unregistered written family arrangement made by the plaintiffs in favour of the defendant No.1 on 18.01.1996 confers title to the defendant No.1 over the suit land ?" [For the sake of convenience, parties would be referred hereinafter as per their status shown and ranking given in the suit before the trial Court].

(2.) The suit property was originally held by the plaintiffs. They filed a suit stating inter-alia that defendant No.1 has unauthorizedly sold the suit land in favour of defendant No.2, therefore, sale deed dated 2.8.2001 (Ex.P-1) executed by defendant No.1 in favour of defendant No.2 be declared as null and void and also prayed for permanent injunction.

(3.) Defendant No.1 filed her written statement and denied the averments made in the plaint stating inter-alia that the plaintiffs have relinquished the suit property in her favour vide Ex.D-2 and in that capacity, she became owner and as such, she sold the suit property in favour of defendant No.2 on 2.8.2001 and prayed for dismissal of the suit.