SURENDRA DAS Vs. BHOLA PRASAD KAIRI AND ORS

JUDGEMENT

(1.) This appeal arises out of a suit for a declaration of title to and for joint possession of the suit land. The suit was instituted under the following circumstances:

(2.) Plaintiff purchased half share in the land in dispute from Surendra, defendant 3, by a registered sale deed on 3rd March 1944. He states that he was informed about a week later that Surendra's elder brother Jugalkishore had sold the entire land including Surendra's share to Bajua, defendant 1, on 25th Feb. 1944. Plaintiff claims that defendant 2 had no right to sell the share of defendant 3 and he is, therefore, entitled to the relief he has claimed.

(3.) Defendant 1 the transferee from defendant 2 and both the brothers defendants 2 and 3 have resisted the suit. They have pleaded that the sale in plaintiff's favour was voidable at the instance of defendant 3 as it was brought about by the exercise of undue influence. They further contend that defendant 3 was bound by the sale of the property in favour of defendant 1 as that sale had been made by defendant 2 as a karta of the joint family of defendants 2 and 3 for family necessity. On the date that defendant 3 had sold the property to the plaintiff he had no rights in it. Both these pleas prevailed with the trial Judge. He therefore declined to grant plaintiff a declaration of title and a decree for joint possession, and instead passed a decree in his favour for a sum of Rs. 700 (against defendants 2 and 3) which represented the consideration he had paid to defendant 3. This sum carried interest at the rate of 12 % per annum. Plaintiff was not satisfied with this decree. He appealed.