JAGDISH PRASAD Vs. MEERA DEVI

JUDGEMENT

(1.) This is an appeal by the Defendants. This Court vide order dated 22.11.2001 had formulated the following substantial questions of law:

(2.) Thereafter, vide order dated 13.1.2011 following substantial questions of law were framed:

(3.) Facts giving rise to filing of this appeal are that the Plaintiff purchased the suit lands vide registered sale-deed dated 09.10.1984 for a consideration of Rs. 25,000/- from the original Defendant No. 1- Jagdish Prasad, and was placed in possession. However, subsequently Late Jagdish Prasad sold part of the suit lands admeasuring 0.092 hectares to Defendant No. 2 vide registered sale-deed dated 12.7.1991. Thereafter, the Defendant No. 1 also conveyed the land admeasuring 0.092 hectares forming part of suit lands to Defendant No. 3 by registered sale-deed dated 19.6.1992. The Defendant No. 3, in turn, conveyed the land sold to him to Defendant No. 4 by another sale-deed dated 30.11.1992. The Plaintiff sought the decree for declaration that sale-deeds in question are null and void, as well as the decree for permanent injunction, restraining the Defendants from either alienating the suit lands or creating any third party interest. The Defendant No. 1 filed the written statement, in which, inter alia it was pleaded that the Plaintiffs husband, namely, Devi Prasad had relinquished the Plaintiffs title in the suit lands by executing the relinquishment deed dated 15.1.1985 (Exhibit-D-I) for a consideration of Rs. 32,183/-. It was agreed that the Plaintiff would execute the sale-deed later on in favour of the Defendant No. 1's wife. It was also pleaded that the husband of the Plaintiff had executed the relinquishment deed in the capacity of an attorney and, therefore, the relinquishment deed binds the Plaintiff. It was further pleaded that the Plaintiffs husband is the necessary party and suit is barred by limitation. The Defendant No. 2 did not file the written statement. The Defendant No. 3 & 4 filed written statement, in which, it was pleaded that they are in possession of the suit lands by virtue of sale-deeds executed in their favour.