BABUABATI DEVI Vs. BHOLA YADAV

JUDGEMENT

(1.) THE defendants respondent appellants have filed this Second Appeal against the Judgment and Decree dated 06.05.1992 passed by the learned Addl. District Judge, Nawada in title appeal No.20 of 1989 whereby the learned lower appellate Court allowed the appeal and thereby reversed the Judgment and Decree of the trial Court dated 28.04.1989 passed by the learned Addl. Munsif, Nawada in title suit No.38 of 1982 / 19 of 1989.

(2.) THE plaintiff respondent filed the aforesaid suit for declaration of title over the suit property alleging that Mangar Mahto was the owner of the property. He had a wife and a concubine name Sukari and Parwati Devi. Tilak and Bundi are the sons of Parwati Devi from her first husband. Mangar Mahto and Parwati Devi both executed and registered a sale deed in favour of plaintiff No.2 with respect to 3.25 1/2 acres of land of Khata No.66 and 67. Sabia Devi was the daughter of Mangar Mahto. Manger Mahto sold some property to Sabia Devi and her husband. Both of them sold the said land to the plaintiff No.1 by registered sale deed dated 18th July, 1968 and 28th January, 1969.

(3.) THE trial Court after considering the evidences and materials available on record came to the conclusion that the sale deed executed by Mangar, Sabia and Amrit Mahto in favour of the plaintiff are not legal, valid and operative document and accordingly dismissed the plaintiff's suit.