RANJEET KUMAR TANTI Vs. SAKHICHAND MANDAL

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.) IN S.A.No.502/1985, the following substantial question of law was formulated at the time of admission: Whether the court below erred in law in holding that the Jar Baiyana deed executed in favour of the plaintiff was genuine and not fabricated as said by the defendant-appellant?