MAUJI LAL SAH Vs. JIRA DEVI

JUDGEMENT

(1.) Plaintiffs are the appellants in this Second Appeal which is directed against a judgment of reversal.

(2.) Certain facts are undisputed and they are these. Defendant-2nd party was the 16 annas proprietor of tauzi No. 4398 described in Schedule-A to the plaint. This proprietary interest included 1.76 acres of bakast lands detailed in Schedule-B to the Plaint and five decimals of gairmazarua malik lands. Defendant second party executed two usufructuary mortgage deeds each on 7-7-1948, (Exhibits-2 and 2 Ka) for a consideration of Rs. 2000/ and 1600/-, respectively in favour of one Deocharan Sah. Deocharan Sah constituted a joint family with the plaintiffs and on his death, the plaintiffs inherited all his interest in the joint family property including the rehan interest created in his favour under the two sale deeds above mentioned.

(3.) Defendants-1st party contested the suit alleging inter alia, that the two mortgage deeds Exhibits 2 and 2 Ka were farzi transactions, that Deosharan was not a registered money lender and that the properties sold on auction, abovementioned, were not sold subject to encumbrances. The allegation of the plaintiffs that the money decree obtained was collusive based on a hand note without consideration was disputed. They further alleged that the suit stood barred under the provisions of the Bihar Land Reforms Act, 1950, (hereinafter referred to as 'the Land Reforms Act').