MOJIBUR RAHMAN Vs. JAGDEO YADAV

JUDGEMENT

(1.) THIS is Civil First Appeal against Khan,J. the judgment and decree of Ist Subordinate Judge, Purnea in T.S.No.65 of 1966. It is well established that unlike criminal case where the case has to be proved beyond reasonable doubt in a Civil Suit the decision is based on preponderance of probability taking into consideration the oral and documentary evidence in the case. This is how the Learned Subordinate Judge has approached the case and similar is the approach of this Court in deciding this appeal. The appellants are the plaintiffs in this suit.

(3.) THE suit was filed for declaration of title over 3 Bigha 9 Katha 15 Dhoors of land appertaining 'to R.S.Plot no. 1320. and 1325 respectively.

(4.) THE case of the plaintiffs is that the plaintiff No.1 on his behalf and on behalf of his minor son had negotiated with the defendant with respect to sale of the properties in the suit on 11.7,1966 and they agreed that the lands would be sold for a sum of Rs. 11000.00. Three sale deeds were executed with respect to the lands in question. The defendant executed the first sale deed for Rs. 7000.00 in favour of the plaintiff no.1 with respect to plot no.1324.