DHARMNATH PANDEY Vs. DHUMUN MANJHI

JUDGEMENT

(1.) This civil revision-petition arises out of an order dated 29th September, 1981.

(2.) By the impugned order, the lower appellate court held that the appeal abated under Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act').

(3.) The plaintiffs-petitioners have prayed for a declaration of title and recovery of possession in respect of the suit lands purchased by means of a sale deed which was executed by Lakhan Manjhi, ancestor of the defendants, dated 30th January, 1923. The defence of the defendants first party was that the impugned sale deed was a fraudulent one and without any consideration.