SHEORATAN CHAMAR Vs. RAM MURAT SINGH

JUDGEMENT

(1.) The true import of the somewhat widely couched language of clause (c) of Section 4 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, is the significant question, which has necessitated this reference to the Full Bench.

(2.) The plaintiff-respondents had instituted the suit giving rise to the present proceeding on the 10th February, 1965, for setting aside the sale deed dated the 18th of February, 1959, executed by Choudhary Guptnath Singh, who was the Karta of the Hindu joint family, in favour of respondents Nos. 2 to 17. Barring a wholly fragmentary and conventional averment about the non-execution of the said deed, the primary claim for setting aside was sought to be rested on the basis of the absence of legal necessity, non-payment of any consideration, and lack of any bona fide inquiry. The further case set up was that defendants Nos. 2 and 17, by a fraudulent device and undue influence, had obtained the deed in question from Choudhary Guptnath Singh, but the same had not been acted upon at all.

(3.) Defendants Nos. 4 and 17 strenuously contested the suit by filing a joint written statement, controverting all material averments in the plaint. However, the other defendants filed a joint written statement, supporting the case of the plaintiffs.