JOKHAN JHA Vs. RAM SARAN JHA

JUDGEMENT

(1.) THIS second appeal by the plaintiffs arises out of a suit under Section 77 of the Indian Registration Act for compulsory registration of a sale deed dated the 7th of September 1956 executed by defendant No. 1. The appellants presented the sale deed for registration before the Sub-Registrar on the 22nd of February. 1957. An application filed for registration under Section 73 of the Registration Act before the District Sub-Registrar was rejected by order dated the 25th February 1958. The present suit was instituted on the 22nd of March 1958. During the pendency of the suit, respondents 1 to 3 intervened and prayed for being added as defendants to the suit on the ground that they had purchased the property in dispute from defendant No. 1 by a sale deed dated the 14th February. 1957.

(2.) IN their written statements, defendant No. 1 as well as the intervenor defendants denied the execution of the sale deed dated the 7th of September 1956 by defendant No. 1. Defendant No. 1. however, did not examine himself in the suit. The trial Court held that the sale deed dated the 7th of September 1956 was executed by defendant No. 1 and it accordingly decreed the suit

(3.) IN Bhageram Thakur v. Kewal Singh. 1969 Pat LJR 30, a Full Bench of this Court has held that the provision of the Section 49-C of the Bihar Tenancy Act putting a restriction upon the sale of right of a tenure-holder, raiyat or under-raiyat of backward classes is invalid and must be struck down. IN view of this decision, the ground on which the lower appellate Court has allowed the appeal and dismissed the suit no longer holds good and its decree has to be set aside.