GUNESHWAR TATMA Vs. MANBODH SHARMA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 1st February, 1998 passed by the 3rd Additional Sessions Judge, Purnea in Title Appeal No. 42 of 1987 (17/1986) whereby and whereunder the decree granted in favour of the plaintiff-appellants by the 2nd Additional Munsif, Purnea in Title Suit No. 180 of 1983 has been set aside.

(2.) THE facts of the case travel in a narrow compass. According to the plaintiff, his vendor Jhauli Tatma had a brother Bishundeo Tatma and the property appertaining to Plot Nos. 1072 Khata No. 168 had been purchased by three persons conjointly on 5.3.1959 and in that sale-deed it was specifically mentioned that in the purchased property Raghuni Yadav shall have eight annas share conjointly meaning, thereby 4 annas share each. According to the further case of the plaintiff there was an amicable partition of all properties of Jhauli and Bishundeo and Bishundeo was given some other plots in lieu of his share in the suit plot as a result Jhauli became the sole owner in respect of eight annas share in the suit plot meaning thereby the suit property. Jhauli then sold the whole of the suit land purchased by the previous sale deed dated 5.3.1959 to the plaintiffs vide Exhibit 2 by the registered sale-deed dated 31.3.1978 and he came in possession as a whole. In that sale-deed Bishundeo had also signed as an attesting witness to the deed as plaintiff was not agreeable to purchase when according to the original sale-deed Bishundeo had also a share and that the arrangement as revealed to him by Jhauli and Bishundeo were only oral. While the plaintiff was in exclusive possession of the suit property then on 5.10.1983 Mososmat Bhuthri Devi wife of Bishundeo Tatma, who died in the meantime sold away half of the suit land i.e., two annas share of Bishundeo in the suit plot to the defendant and hearing this the plaintiff became apprehensive that his possession and title may be shrouded and clouded by such purchase from Bhuthri by the defendant and, as such, filed the suit being Title Suit No. 180/1983 for the following reliefs :

(3.) WHILE admitting the second appeal vide order 21.1.1991 the following substantial questions of law have been framed by a Bench of this Court :