SAREEFAN BANO Vs. SHIV NANDAN MANDAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in affirmance passed in Tital Appeal No. 19 of 1996/21 of 1998 by the 7th Additional District Judge, Munger arising out of Title Suit No. 57 of 1985.

(2.) DEFENDANT 1st party are the appellants.

(3.) THE admitted case of the parties is that one Udit Narayan Sah and his son Raj Kumar Sah were the owner of the entire suit house in which different tenants were in occupation and there was a delivery of possession on eviction in favour of the original owners against some tenants, namely, Nashim Bano and others. Consequently there was Title Execution Case No. 33 of 1974 instituted by the decree holders, who, according to the plaintiffs, transferred the entire suit property for Rs. 10,000 to Raj Kumari Devi on 28-9-1977 and put her in possession. She has also been mutated in the Municipality, vide order dated 2-7-1978 in Mutation Case No. 1/78-79. THEreafter said Raj Kumari Devi transferred the suit properties to the plaintiff for a sum of Rs. 15,000 through registered sale-deed dated 21-12-1978 which was executed in pursuance of an agreement dated 16-1-1978 and at that time Rs. 9,000 was paid in advance. In the Execution Case Raj Kumari Devi filed Misc. No. 60/78 for substitution as a decree holder. Contesting defendants also filed a petition for substitution claiming to have purchased the suit house, Schedule B of the plaint, for Rs. 18,000 from the original owner which on rejection gave rise to Misc. Case No. 4/81 in the execution case. Ultimately, they were disposed of by common order dated 8-5-1984 rejecting the prayer of the plaintiff and allowing the contesting defendants to be substituted. THE aforesaid order was affirmed in the appeal. THE plaintiff after getting knowledge of the alleged agreement and sale-deeds executed in favour of the contesting defendants challenged their validity in the suit.