BINDESHWARI SINGH Vs. BRIJNANDAN SINGH

JUDGEMENT

(1.) This second appeal is by the plaintiff against a judgment of reversal. The plaintiffs brought a suit for declaration of title and recovery of possession over the suit land measuring 1.26 acres of C. S. Plot No. 404, appertaining to C. S. Khata no 204, situate at village Dhandi in the district of Bhojpur.

(2.) The plaintiffs' case was that the suit land originally belonged to one Kishun Dusadh (defendant No. 11), which was auction purchased by Ram Swarath Singh, father of plaintiff No. I in Execution case No. 241/30 arising out of a mortgage decree in Title Suit No. 49/27. According to the plaintiffs, the sale also confirmed on and 93Q and since then the auction purchaser that is, the father of plaintiff No. 1 and after his death, the plaintiffs were coming in lawful possession over the suit land and also paid rent to the ex-landlord as well as to the State.

(3.) According to the plaintiffs, there existed an old enmity between the plaintiffs and defendant No. I and due to the old enmity, the defendant No. 1 got a sale deed executed by Kishun Dusadh on 10-10-60 in the name of his son, defendant No. 4. This sale deed, in favour of the defendant No. 4, according to the plaintiffs, was a collusive sale deed and no title passed to the vendee on the basis of that sale deed. According to the plaintiffs, the sale deed was void and it remained only a paper transaction. The plaintiffs also pleaded that the sale deed was void also because it was executed by Kishun Dusadh without previous sanction of the Collector.