RAMBILASH CHOUDNARY Vs. LAKSHMI SAO

JUDGEMENT

(1.) THIS miscellaneous case is directed against the judgment dated 15th May 1993 passed by the 10th Additional District Judge, Gaya in Title Appeal No. 6/91/64/89. The respondents of the first appeal are appellants here and they were defendants of title suit no. 53 of 1982.

(2.) THE aforesaid title suit was filed by the respondent before this Court, namely, Lakshmi Sao, seeking declaration of their sale -deed dated 4th May 1972 and another sale -deed dated 25th January 1973 as null and void as also for removal of encroachment from plot Nos. 1755 and 1756 to the extent of 3 1/2 decimals. The case of the plaintiff -respondent was, in short to the effect that they had purchased plot nos. 1755 and 1756 by various sale -deeds. Subsequently, they sold 1 decimal to the defendant -appellant before this Court by registered sale -deed of plot no. 1756. However, the defendants had encroached upon plot nos. 1755 and 1756 which were amalgamated by the plaintiff and acquired 3 1/2 decimals of land of these two amalgamated plots. He also alleged fraud in the sale -deed executed by him, as far as the entry in the sale -deed was concerned and the entry relating to flow of water from the house of defendant upon the land of the plaintiff, was allegedly the fraudulent entry. Moreover, the encroachment over his plots was also alleged.

(3.) THE first appellate court upheld the decision of the trial court regarding nullity or fraudulent execution of the concerned sale -deed. So far the relief relating to removal of encroachment from the plaintiff 's land, the first appellate court remanded the suit for appointment of a fresh pleader commissioner and to give a fresh judgment. As far as this relief was concerned, the appeal was allowed in part only.