KAVIRAJ JAIDEO Vs. SURESH CHATURVEDI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by Sri R.K. Singh, Additional Subordinate Judge -II Judge -ll Barh in Title Appeal No. 4 of 1977. The appellate court passed the impugned judgment and decree, after the appeal was preferred before him against the judgment passed by the learned Additional Munsif, Barh in Title Suit No. 78. of 1967/ 60 of 1976 The defendant of the suit was the appellant in the first appellate court and the plaintiff of the suit is the appellant before this Court. The suit was decreed by the trial court and then on appeal, the judgment was passed by the Sub -ordinate Judge, Barh, remanding the suit to the lower court for fresh judgment.

(2.) IT was submitted before me that the plaintiff -appellant filed the suit for declaring of his right and title on the basis of sale -deed dated 29.7.1963 and for confirmation of possession or, in the alternative, recovery of possession.

(3.) IN fine, the case of the parties in the lower court was that defendant nos. 9 and 10 of the suit were two brothers and they had entered into partition after the death of their father. The plaintiff claimed the sale -deed from defendant no. 10 and the defendants also claimed the same from defendant no. 10 which was executed by defendant no. 10 and subsequently also by defendant no. 9 who was in jail on the date of execution of the sale -deed in favour of defendants. So there was delay in registration of the sale - deed which was dated 10th September 1966. The case of the plaintiff appellant was that mother of the two defendants (defendant nos. 9 and 10) was alloted with certain properties for maintaining herself and the rest of the properties was divided between the two brothers. The plaintiff purchased the lands allotted to the defendant no. 10. However, the defendant - respondent purchased the suit land from defendant nos. 9 and 10 but their sale -deed was illegal.