SURESH PRASAD SINGH Vs. NATHUNI ANSARI AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellants. The present appeal under Section 100 of the Code of Civil Procedure has been filed by the appellants who were defendants before the Trial Court and are dissatisfied with the judgment and decree dated 17.5.2010 and 28.5.2010 passed by learned Additional District Judge, F.T.C.-IVth, Motihari in I.A. No. 68/90 whereby he has affirmed the judgment and decree dated 19.6.1999 and 3.7.1999 respectively passed by learned Rajendra Prasad Mishra, Munsif Sadar, Motihari in Title Suit No. 208 of 1994.

(2.) The suit was filed for a declaration that the sale deed executed by defendant No. 2 In favour of defendant No. 1 dated 8.7.1991 was void ab initio.

(3.) The case of the plaintiffs before the Trial Court was that the suit land as detailed in Schedule-1 of the plaint belonged to Rudal Mian which was allotted to him in a family partition with his brother Mukhdum Mian. The said land was purchased by plaintiff/respondent from Rudal Mian on payment of valuable consideration through a registered sale deed dated 7.2.1986 and the name was thereafter mutated in respect of the suit land. Dispute arose after death of Rudal Mian. His widow Mostt. Kittaban and his son Safi Ahmad executed a deed of gift in favour of defendant No. 2 in which most of the land of Schedule No. 1 of the plaint was included and subsequently defendant No. 2 executed a registered sale deed on 8.7.1991 in favour of the defendant No. 1.