TEJ RAM Vs. BHARAT BUSHAN

JUDGEMENT

(1.) This case was decided earlier on 28th July, 1997, when the appeal was allowed and consequently suit of the appellants was decreed. Review filed by respondents No.1 and 2 was dismissed on 27th November, 1997. Matter was taken up further in Civil Appeal No. 323 of 1998, before the Honble Supreme Court by respondent Nos. 1 and Vide its order dated 16th October, 2003, Supreme Court while allowing the appeal remanded the case to this Court, with the direction to consider whether any substantial question or questions of law arises for consideration between the parties under Section 100 of the Code of Civil Procedure, 1908, and thereafter to dispose of the second appeal afresh after formulating substantial question (s) of law, if arise for consideration, in accordance with law. All contentions of the parties were left to be urged before this Court

(2.) Following substantial questions of law were framed on 11.9.2004:

(3.) Facts on which teamed Counsel for the parties were not at variance at the time of hearing of this appeal need to be briefly noted. Appellants, (hereinafter referred to as the plaintiffs) are admittedly the sons of respondent -defendant No. 3 late Shri Niranjan Singh. He sold suit land to respondent -defendant No.1 Bharat Bhushan, who is son of respondent -defendant No.2. This sale was effected during the minority of defendant No.1 and was finalized by his father defendant No.2.