BRIJ BIHARI PRASAD CHAURASIA Vs. RAJESHWARI DEVI

JUDGEMENT

(1.) THIS First Appeal has been filed by the defendant nos.2 and 3 against the judgment and decree dated 22.12.1980 passed by the learned Subordinate Judge, Buxar in Title Suit No.81 of 1977 whereby the trial court decreed the plaintiff-respondent's suit.

(2.) THE plaintiff-respondent nos.1 and 2 filed the aforesaid Title Suit No.81 of 1977 for declaration that the sale deed executed by defendant no.4 in favour of defendant nos.2 and 3 is forged, fabricated, without consideration, illegal, inoperative and not binding on the plaintiffs and further for declaration of title and confirmation of possession/recovery of possession over the suit property.

(3.) THE further case of the plaintiffs is that the defendant nos.2 and 3 with intention to grab the property got a registered sale deed executed by respondent no.4 alleging her to be the widow of Harihar Sonar. In fact, the defendant no.4 is not the widow of Harihar Sonar but is resident of Gajipur and is working as servant in the house of the defendants. The sale deed is showy, no consideration passed in favour of defendant no.4 nor the purchaser came in possession of the same.