KESHWAR Vs. HARMANIYA

JUDGEMENT

(1.) This second appeal preferred by the appellants/defendants No. 1 and 2 was admitted for hearing on the following substantial question of law :-

(2.) The suit property shown situated at Village Sirsi, Tahsil Surajpur, District Sarguja was originally held by Rambaksh. Thereafter, his wife defendant No. 6 namely Subaso and his daughter defendant No. 5 namely Foolkunwar executed a vyavastha patra dated 02/02/1985 in favour of defendants No. 1 and 2 thereby relinquished part of the suit land in their favour. Plaintiff No. 1 Ramsunder, being the brother of Rambaksh, alienated the suit land in favour of plaintiffs No. 2, 3 and 4 by registered sale deeds dated 10/09/1980 and 02/11/1980 and on the basis of the said sale deeds, names of plaintiffs No. 2, 3 and 4 were recorded in the revenue records, but defendants No. 5 and 6 questioned that order before the Tahsildar Surajpur, who by its order dated 18/02/1984, directed for deletion of the names of plaintiffs No. 2, 3 and 4 and insertion of the names of defendants No. 5 and 6 in the revenue records which was challenged by the plaintiffs before the Sub-divisonal Officer, Surajpur wherein the parties entered into compromise by order dated 18/03/1986 and the order of the Tahsildar was set aside. Thereafter, the parties kept on contesting the matter before the revenue authorities.

(3.) Plaintiffs filed a civil suit stating inter alia that the suit land was originally held by Rambaksh, who by oral Will/partition transferred the suit land in favour of his brother Ramsunder i.e. plaintiff No. 1 and thereafter, he came into possession of the suit land. Plaintiff No. 1, in that capacity, sold the suit land to plaintiffs No. 2, 3 and 4 vide registered sale deeds dated 10/09/1980 and 02/11/1980. Defendants No. 5 and 6, unauthorizedly and illegally, executed vyavastha patra dated 02/02/1985 and relinquished the suit land in favour of defendants No. 1 and 2 and got their names mutated in the revenue records which led to the institution of this suit for cancellation of vyavastha patra dated 02/02/1985, for possession and for other consequential reliefs.