KISHORI SAO Vs. BABU CHAND SAO AND ORS.

JUDGEMENT

(1.) The defendant No.1 has filed this First Appeal against the judgment and decree dated 17.03.1978 passed by the learned Subordinate Judge, Biharsharif in Title Suit No.161 of 1976 whereby the court below decreed the plaintiff-respondent's suit for declaration that the sale deed dated 31.10.1973 executed by Baso Kuer in favour of defendant-appellant is void ab initio and not binding on the plaintiffs.

(2.) The original sole plaintiff, Most. Barhiya Kuer claimed the aforesaid relief alleging that Somari Sao had four sons and two daughters namely Raghu Sao, Saukhi Sao, Chandeshwar Sao, Andhi Sao, Phulbaso Kuer and Jichho. Plaintiff, Barhiya was the widow of Raghu Sao whereas the defendant Kishori Sao, appellant is son of Saukhi Sao. There had been no partition in the joint family of Somari Sao. The daughter of Somari Sao i.e. Phulbaso Kuer was married with Manjhi Sao who is brother of plaintiff, Barhiya.

(3.) The further case is that during 1950 to 1960, Manjhi Sao had acquired 1.14 acres of agricultural land and houses also through seven sale deeds. On 14.04.1971, Most. Phulbaso, the wife of Manjhi died because of electric shock, therefore, the health of Manjhi became weak. The plaintiff and her son served him during his illness period. Ultimately, Manjhi Sao also died in the month of October, 1973. Shradh was performed by the plaintiff and her son. Then the plaintiff came in possession of all the documents of original title deeds i.e. seven sale deeds, the Izara deed and Danpatra.