KALI SAO Vs. SHANTI DEVI

JUDGEMENT

(1.) Heard learned Counsel for the appellants and the respondents.

(2.) The defendants are the appellants against a judgment of reversal. This appeal is directed against the judgment dated 14.7.99, passed by the learned 1st Additional District Judge, Nalanda at Biharsharif, in Title Appeal No. 40 of 1987 Smt. Shanti Devi and Ors. v. Sri Kali Sao and Ors. A brief admitted genealogy of the parties is set out hereinbelow:

(3.) The plaintiffs instituted Title Suit No. 83/1984 in the Court of 1st Subordinate Judge, Nalanda at Biharsharif for declaration that the order dated 10.5.1984, passed by Executive Officer, Biharsharif Municipality in Mutation Case No. 511/1983 -84 is not binding on the plaintiffs. The plaintiffs' case was that the suit property was self -acquired property of Munni Sao (plaintiff No. 3), and he had right, title and interest with respect to the same. He had executed a registered deed of absolute sale dated 9.7.83 (Ext. 2) with respect to the suit property, in favour of plaintiffs No. 1 and 2, who are daughters -in -laws. Defendant No. 1 (Kali Sao), who is the eldest son of Munni Sao had, without any right, title and interest, got 1/3rd of the suit property mutated in the name of his wife (defendant No. 2) in the revenue records.