LAL MOHAN YADAV Vs. SANJHA DEVI

JUDGEMENT

(1.) As both these second appeals at the instance of defendant 1st party arise out of common judgment passed in Title Appeals No. 30 of 1997 and 21 of 1997 respectively by 3rd Additional District Judge, Saharsa with consent of the parties, they have been heard together and are being disposed of by this common order.

(2.) The case of the plaintiffs, in brief, is that Most. Sanjha Devi after the death of her husband Lakhan Das began to maintain her minor step son Jago Das, born of Sundari Devi first wife of Lakhan Das. She purchased 9 dhurs of suit land from one Ram Subhag Thakur vide registered sale-deed dated 13-3-1987 (Exhibit-1) for construction of residential house. She claimed that she included the name of her minor son Jago Das in the sale-deed with clear recital that he will have no right in the suit land till her life time. Further case of the plaintiffs is that in the year 1990, when Jago Das was aged about 12-13 years, he under the influence of the defendant 1st set-appellant executed a sale-deed dated 9-4-1990 (Exhibit-1/C) in his favour for an area of 4-1/2 dhurs. It is alleged that defendant 2nd set-Bhagwat Yadav got another sale-deed (Exhibit-1/A) for the remaining 4-1/2 dhurs of land executed by Sanjha Devi on 26-5-1990 by putting her in darkness. Later Sanjha Devi executed registered deed of cancellation (Exhibit-1 /B) on 16-8-1990. It is further alleged that the defendant appellant forcibly and illegally dispossessed the plaintiffs from the suit land on 4-11-1990. Hence, the plaintiffs filed suit for declaration of two sale-deed dated 9-4-1990 and 26-5-1990 (Exhibits 1/C and 1/A respectively as void, illegal and inoperative as also for recovery of possession.

(3.) The defendant 1st set-appellant in his written statement alleged that Jago Das was not minor at the time of execution of the sale- deed, and the suit land was purchased from the nucleus of the joint family property and both Sanjha Devi and Jago Das had equal Share in the same. His further case is that defendant 2nd set-Bhagwat Yadav purchased 4-1/2 dhurs of laud from Sanjha Devi and came in possession thereof, and defendant 1st set- appellant purchased the said land from Bhagwat Yadav vide registered sale-deed dated 8-8-1990 (Exhibit-B/1) and, thus, came in possession over the entire land of 9 dhurs. Defendant 2nd set filed common written statement but did not appear in course of hearing of the suit or the appeal in the lower appellate Court.