RAM TIWARY Vs. BHOLI DEVI

JUDGEMENT

(1.) The present revision application has been filed by the plaintiffs-petitioners against the order dated 17-12-1992 passed by Ist Subordinate Judge, Vaishali at Hajipur in Title Suit No. 170 of 1991 staying the suit till the disposal of First Appeal No. 211 of 1981 pending before this Court.

(2.) The foundational facts essential for disposal of the present revision application are as follows :

(3.) The plaintiffs"case, in brief, is that plot No. 229, Khasra No. 136 in Mohalla Bagtaj Khan alias Pokhara within Hajipur town measuring 931/2 decimals equivalant to 21 Kathas 10 dhurs belonged to Gauri Shankar Chaudhary who died in the year 1957 leaving behind his widow and three sons namely, Shambhu Nath Chaudhary, Anmol Kumar Chaudhary and Anil Kumar Chaudhary. Shambhu Nath Chaudhary died unmarried in jointness in the year 1974 and his share devolved upon his mother and his mother became entitled to half share in the aforesaid plot as well as in other properties of Gauri Shankar Chaudhary. Anil Kumar Chaudhary had fallen in bad company and he executed several farzi sale deeds in favour of other persons including defendants-opposite parties. He executed three sale deeds with regard to an area of 111/2 kathas each in favour of Manorma Devi, Uma Devi and Shivji Sah respectively and two registered sale deeds on 21-7-79 in favour of defendant opposite parties Bholi Devi and Asha Devi with regard to 3 and 2 kathas of land respectively. The said illegal acts of Anil Kumar Chaudhary necessitated the filing of a Partition Suit No. 66 of 1979 by Anmol Kumar Chaudhary in the Court of Subordinate Judge, Hajipur for partition against him, his five vendees and his mother Sudama Devi claiming 1/4th share in the ancestral properties including plot No. 229. In that suit he has challenged the five sale deeds executed by Anil Kumar Chaudhary as illegal, collusive and void. Anil Kumar Chaudhary and the aforesaid vendees including the opposite parties contested the suit on the ground that Sudama Devi had relinquished her interest in the properties in favour of her two sons namely Anmol Kumar Chaudhary and Anil Kumar Chaudhary and Anil Kumar Chaudhary had half share in the suit properties and the sale deeds executed by him are genuine and valid. The said suit was decreed on 4-10-1980 and it was held that Anil Kumar Chaudhary had interest in plot No. 229 only to the extent of 1 / 4th share and the sale deeds dated 21-7-79 executed in favour of the defendants-opposite parties were void and without legal necessity. Anmol Kumar Chaudhary died after passing of the preliminary decree and thereafter his share also devolved upon Sudama Devi and Sudama Devi became entitled to 3/4th share and she sold the land to different persons including the plaintiffs. She has sold 1 katha 6 dhurs to plaintiff No. 1 and 14 dhurs to plaintiff No. 2 out of plot No. 229 by registered sale deed dated 14-5-1988 and put them in possession. The defendants illegally started making construction over a portion of land purchased by the plaintiffs and in spite of request made by the plaintiffs-petitioners to defendants they did not stop their illegal act. Hence the suit.