AWADH BIHARI ASATI Vs. SHYAM BIHARI ASATI

JUDGEMENT

(1.) THIS is an appeal under Section 96, CPC by the defendants against the judgment and decree by which the plaintiffs' suit for declaration that the registered sale-deed dated 10-3-2000 (Ex. P-9) executed by the defendant No. 2 in favour of the defendant No. 3 is void and not binding on the plaintiffs has been decreed. The defendant No. 3 has been directed to deliver possession of the house in dispute to the plaintiffs.

(2.) IT is not in dispute that Bhagwandas Asati owned and possessed agricultural lands and houses in 3 Villages Nirandpur, Sarra and Maharajpur. He had 3 sons Kunjbihari, Shyambihari and Awadhbihari. The agricultural lands were divided amongst his sons by a registered partition deed in the year 1969. The houses in these villages were not the subject matter of partition in the year 1969. Kunjbihari died and the plaintiff are his legal representatives. Awadhbihari is defendant No. 1 and Anurag Asati (defendant No. 2) is his son. Anurag Asati executed a registered sale-deed mentioned above in favour of defendant No. 3 Smt. Renuka Bai in respect of the house in Village Nirandpur. She has taken possession of this house.

(3.) THE plaintiffs' case is that there was an oral partition in respect of the house. It was decided that Kunjbihari had largest acreage of land in village Nirandpur and, therefore, house situated in that village was allotted to him. The other two brothers had most of the lands in Villages Sarra and maharajpur and, therefore, houses in those villages were given to them. The defendant No. 3 has taken possession of the house in Village Nirandpur in april, 2000.