ABDUL HAMID @ MD. HAMID SON OF LATE NOOR MAHAMMAD RESIDENT OF VILLAGE AND P.O. CHAUKI HASSAN, PARGANA BARA, P.S. BARHARIA (GAUTAM BUDH NAGAR), DISTRICT Vs. ABDUL GAFFAR

JUDGEMENT

(1.) Heard Mr. Abbas Haider, the learned counsel appearing on behalf of the appellants in both the appeals. The learned counsel for the plaintiff-respondents in both the appeals is also present.

(2.) The learned counsel for the parties have agreed that the common questions of law and fact are involved in both the appeal. As such both the appeals have been heard analogously and are being disposed of by this judgment.

(3.) The suit land admittedly belonged to Thakur Dusadh who had the transferable title over the same. The plaintiff claims to have purchased the suit land from Thakur Dusadh by registered sale deed dated 26.06.1952 and on that basis the plaintiffs have further claimed to be continuing in possession. The defendants, on the other hand, claim to have acquired the suit land from Thakur Dusadh by subsequent sale deeds dated 01.04.1982 and have asserted their title and possession over the suit land on that basis. The three suits i.e. Title Suit Nos. 272 of 1982, 273 of 1982 and 274 of 1982 were filed by the plaintiffs assailing the three sale deeds executed by Thakur Dusadh in favour of the defendants respectively and the relief was for declaration of those sale deeds as not binding upon the plaintiffs. The defendants came out with the case that in the year 1952 Thakur Dusadh was minor and therefore the sale deed executed by him on 26.06.1952 in favour of the plaintiffs was void ab initio and not capable to confer title on the plaintiffs. It is admitted fact that in all the three suits Thakur Dusadh was also impleaded as defendant. The Title Suit No. 274 of 1982, however, was earlier taken up for hearing and was decreed. The said decree was affirmed in appeal also.