NAWAL KISHORE MANDAL Vs. MOST KAUSHALYA DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties. The present appeal under Section 100 of the Code of Civil Procedure (hereinafter referred to as the Code) has been placed for hearing under Order 41 Rule 11 of the Code.

(2.) The appellants herein were defendants in the Title Suit Nos. 213 of 1991/9 of 1992 and are aggrieved by the judgment and decree dated 25.6.2010 and 9.7.2010 respectively, passed by learned Additional District Judge, Fast Track Court-V, Bhagalpur in Title Appeal No. 68 of 1997 whereby he has affirmed the judgment and decree dated 31.5.1997 and 17.6.1997 respectively, passed by learned Sub-Judge-IV, Bhagalpur in the said Title Suit Nos. 213/1991/9/1992. The appellants were defendants 2nd party before the trial court, who are the purchasers of suit property from respondent No. 7 (defendant No. 11, Rameshwari Devi). Suit preferred by respondents 1st set came to be decreed in their favour, first appeal against which preferred by appellants herein was also dismissed, hence this second appeal.

(3.) The plaintiffs had filed the suit for a declaration that the defendants first party (respondent No. 7) had no right to transfer the suit property to the defendants second party (appellants) and the sale deeds executed by defendants first party in favour of defendants second party with respect to the suit property did not confer any right on the defendants second party, the same being void ab initio, inoperative and not binding upon the plaintiffs. They also sought for a decree for permanent injunction restraining the defendants from interfering with their right, title and possession over the suit property.