SHIA SHARAN PRASAD SAHI Vs. SRIDHAR PRASAD SINGH

JUDGEMENT

(1.) This second appeal is by the plaintiff in a suit for declaration of his title in respect of certain lands alleged to have been sold to him by the defendants.

(2.) The plaintiff's case was that the lands originally belonged to one Ramswarup Singh alias Nar Sing. Narain Singh and his brother Tirpit Narain Singh. In the year 1921 there was a partition between the brothers and the lands fell to the share of Ramswarup Singh. In the years 1937 and 1946 the defendants 1st party sold the different plots of lands in suit to the plaintiff. Next there was a collusive partition suit between defendants first and second parties and they purposely included the lands in suit as their joint family property. The plaintiff was not a party to that suit. In view of the decree Passed in that partition suit, lands mentioned in Schedule 1 of the plaint were allotted to the defendants first party and the lands mentioned in the second Schedule of the plaint to the defendants second party. In view of the cloud cast on the title of the plaintiff, he instituted the present suit for a declaration thereof. According to his case, the plaintiff was in possession and therefore, there was no relief in that respect prayed for.

(3.) The defence of the first party defendants was that the sale deeds in favour of the plaintiff were farzi transactions with a view to save the property from the creditors. They, however, alleged that possession of the property remained with them and the plaintiff was merely a name lender.