RABINDRA PRASAD SINGH Vs. TEJNARAIN SINGH AND ORS.

JUDGEMENT

(1.) THE plaintiff has filed this First Appeal against the judgment and decree dated 07.09.1982 passed by the learned 3rd Additional Subordinate Judge, Ara, Bhojpur in Title Suit No. 91 of 1970/40 of 1982 whereby the court below dismissed the plaintiff -appellant's suit for setting aside the sale deed executed by his father.

(2.) THE plaintiff -appellant filed the aforesaid suit praying for setting aside the sale made by his father, the original defendant No. 1 -respondent No. 13 herein in the appeal(He died during the pendency of the appeal and his name has been expunged). According to the plaintiff, his father sold Schedule C property hereinafter referred to as the "suit property" in favour of defendant Nos. 10 and 11 by registered sale deed dated 20.05.1968. According to the plaintiff, the properties described in Schedule A were allotted in the share of the plaintiffs father in partition between his co -sharer and Schedule B were allotted to defendant Nos. 2 to 6. The mother died in the year 1955 and thereafter his father started "Awaragardi" and on the pressure, he executed a Bazidaba in favour of the plaintiff in 1960. Yadast Bazidaba was executed in favour of plaintiff on 17.04.1963, so, the plaintiff became the absolute owner of all the family property.

(3.) THE defendant Nos. 10 and 11 filed written statement and contested the suit. Their case is that the story of immoral character alleged by plaintiff is false. The plaintiffs father was very prudent man and not indicted to wine and women. The sale deed and Rehan deed are genuine, legal, valid and for consideration and for legal necessity. In the written statement, they have described how and why the father of the plaintiff was in need of money and he was repeatedly keeping the lands in mortgage in favour of them for the purpose of maintenance of the family, purchasing bullock for cultivation and also for the purpose of education of the plaintiff.