SAKHICHAND MANDAL Vs. PREM TANTI

JUDGEMENT

(1.) HEARD the learned senior counsel Mr.Chitranjan Sinha, appearing on behalf of the appellant in S.A.No.502/1985 and also Mr.Suresh Prasad Singh, advocate appearing on behalf of the appellant in S.A.No.362/1985. No one has appeared on behalf of the respondents.

(2.) THE S.A.No.362/1985 and S.A.No. 502/1985 arise out of common judgment and decree passed in T.A.No. 08/82 by Subordinate Judge II, Munger on 03.08.1985 reversing the judgment and decree dated 25.01.1982 of T.S.No. 37/1975 passed by Munsif I, Munger. THE S.A.No. 502/1985, was directed to be heard, by order dated 18.11.1991, with S.A.No. 362/1985.THE S.A.No. 502/ 85 has been filed by the heirs of the defendant no.1 (since deceased) and the S.A.No. 362/85 has been filed by the defendant no.2 who is purchaser of the suit land from the defendant no.1 THE parties to the two appeals shall hereafter be referred by their position in the suit.

(3.) THE defendant no.1 (since deceased and substituted by his heirs) in his written statement, had denied the validity of the agreement for sale and also denied to have received Rs. 1500/- in cash by way of advance from the plaintiff. THE payment of Rs. 2750/- and Rs. 300/- by the plaintiff had also been denied. It was the case of the defendant 1 st set that the suit land was the joint family property of the original defendant no.1 and the sale in favour of the defendant no.2 had been accepted.