JANARDAN RAI Vs. UMESH PRASAD RAI

JUDGEMENT

(1.) The plaintiffs have filed this First Appeal challenging the judgment and decree dated 10.03.1978 passed by the learned 7th Addl. Sub Judge, Bhagalpur in Title Suit No.163 of 1975 whereby the learned trial Court dismissed the plaintiff's suit.

(2.) The plaintiff appellants filed the aforesaid suit praying for declaration of title and for declaration that by execution of sale deed dated 29.01.1975 executed by defendant 2nd party in favour of defendant Ist party has not affected the title of the plaintiffs.

(3.) The plaintiff case in short is that Anant Ram Rai and Tarni Rai were brothers and members of joint Mitakshra family. The plaintiffs are the descendents of Anant Ram Rai whereas the widow and daughters of Tarni Rai are the defendants 2nd party. The defendant Ist party are the purchasers from defendant 2nd party. Since Tarni Rai had only daughters and was keeping bad health as such was difficulty in borrowing money for marriage of his daughter. Apprehending future litigation, he entered into arrangement with his brother Anant Ram and his sons and according to the arrangements, Tarni Rai relinquished his interest in the joint family properties in favour of his brother, late Anant Ram Rai and the plaintiff. As agreed, Anant Ram Rai maintained the family of Tarni and got married his daughters. This arrangement was made in January, 1962 and Memorandum was prepared on 11.01962 and since then the plaintiffs and their father became the exclusive owner of the entire suit property.