SRIMANT KUMAR CHOUDHARY Vs. PREMLATA DEVI AD

JUDGEMENT

(1.) PLAINTIFF is the appellant. His suit for declaration of title over the suit properties detailed in Schedule 1 to the plaint against the defendants has been dismissed holding that the suit was barred by law of limitation and that the plaintiff did not acquire title to the suit property on the strength of the sale deed dated 28.1.1970 (Ext. 3). The suit was also hit under the provisions of the Specific Relief Act and was thus not maintainable.

(2.) ADMITTEDLY Bhatu Choudhary of Dalsinghsarai had two sons, Bhaglu Choudhary and Murat Choudary. Bhaglu Choudhary died in the state of jointness with his brother. Murat Choudhary, leaving behind his son, Badri houdhary. Thereafter Murat Choudhary died issueless, leaving behind his widow, Champa Choudharain in the state of jointness with his nephew, Badri Choudhary, who had two sons, Ramchandra Choudhary the defendant No. 3 and Harihar Choudhary and a daughter Parwati. Harihar Choudhary left behind two sons Baijnath Choudhary, the defendant No. 4 and Gajendra Choudhary, who died issueless.

(3.) CHAMPA Choudharain died in the year 1961 i.e., after coming into force of the (hereinafter referred to as 'the Act'). During her life time, she transferred plot Nos. 954 and 955 by a registered sale deed to her relation Brijraj Choudhary, the defendant No. 2 who sold the same to Premlata Devi, the defendant No. 1.