LAWS(PAT)-1983-5-23

JAGARNATH SINGH Vs. SRIMATI SINGHASHAN KUER AND OTHERS

Decided On May 17, 1983
JAGARNATH SINGH Appellant
V/S
Srimati Singhashan Kuer And Others Respondents

JUDGEMENT

(1.) In these cases the common question of law referred to the Full Bench are the following:

(2.) The plaintiffs had filed a title suit which was registered as Title Suit No. 1978 of 1966 under Sec. 72(2) of the Bihar Hindu Religious Trust Act praying therein for setting a side two sale deeds dated 21.4.1946 and 22.9.1952 executed by defendant No. 17 in his capacity as one of the trustee. The first sale deed as executed in favour of one Budhulal Marwari (defendant No. 8) and the second sale deed was executed in favour of Raghubans Bhagat and Kaushal Kishore Bhagat, (defendants nos. 2 & 3 respectively). A relief for khas possession was also prayed.

(3.) Title partition suit No. 79 of 1956 was filed by the sole plaintiff claiming one third share in the suit property and the defendant first party who were defendants Nos. 1 to 9 contested the suit. The defendant second party who were defendants Nos. 10 to 16, however supported the plaintiff.