GANESH MAHTO Vs. JAGLAL MAHTO

JUDGEMENT

(1.) THE defendant appellants have filed this appeal against the judgment and decree, dated 03rd June, 1987, passed in Title Appeal No. 26 of 1977/3 of the 1982 by Additional District Judge, I, Vaishali at Hajipur, whereby the learned Additional District Judge had allowed the Title Appeal filed by plaintiff appellant and set aside the judgment and decree passed in Title Suit No. 196 of 1972 by Munsif, I, Vaishali at Hajipur. The learned Munsif had dismissed the suit of the plaintiff bearing Title Suit No. 196 of 1972.

(2.) ACCORDING to the appellants the judgment of the lower appellate Court is bad in law. The substantial question of law which had been formulated in this Second Appeal is that:

(3.) IN short the case of the plaintiff is that 9 dhurs of land of plot no. 364 and 5 dhurs of land of plot no. 365 of khata no. 91 of village Rambhadra Nagar, Hajipur, was of one Ramsharan Chai and his name had been entered in cadestral survey. The property was inherited by Mungia daughter of Ramsharan Chai who came in possession over it. Mungia and her husband Baijnath Mahto had one daughter Rajkuri and Rajkuri had a son Dular Chand Mahto. After the death of Mungia and Rajkuri the property passed over to Dular Chand Mahto who came in possession over it. Dular Chand Mahto was in necessity of money and he sold the land to the plaintiff for a consideration of Rs. 500/ - by registered sale deed. According to the plaintiff, the defendant had also tried to purchase the land but as he was not paying reasonable amount for it, Dular Chand Mahto sold the land to the plaintiff. Thereafter the defendant dispossessed the plaintiff from the land on 25.11.1972.