SABHA PATI SINGH @ SABHA SINGH Vs. GIRJA DEVI

JUDGEMENT

(1.) This revision petition is directed against the order of the Court below holding that the suit filed by the opposite party No. 1 (Plaintiff) is maintainable and it does not abate as contended by the Petitioners.

(2.) Plaintiff-opposite party No. 1 had filed the said Title partition Suit No. 31 of 1988 in the Court of 1st Subordinate Judge, Chapra for a declaration that tho sale deeds dated 25.6.83, 27.6.83 and 28.1.84 are fraudulent, without consideration and not binding upon the Plaintiff. By way of conesquantial relief a decree for partition of the half share of the Plaintiff, namely opposite party No. 1 herein, was also prayed. By way of preliminary objection the Petitioners herein objected to the maintainability of the suit by invoking Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act') as according to the Petitioners herein, on the basis of the documents, the validity of which was challenged in the Court below and the consequential relief being partition, a suit cannot continue in civil Court and the authorities under the Act alone can go into the matter,

(3.) The Court below rejecting the contention noticed catena of decisions on this issue holding that if the documents challenged in the suit were void, then the suit would abate. As the contention of the Plaintiff-opposite party No. 1 was that those documents were fraudulent, without consideration and not binding on the Plaintiff (not void) the question of invoking Section 4(c) of the Act will not arise.