UMA KANT RAI Vs. RUPESHWAR JHA

JUDGEMENT

(1.) THIS second appeal arises out of the judgment and order dated 26th July, 1983, passed by Sri Mithilesh Kumar Sigh, Additional Sub - ordinate Judge, Samastipur, in Title Appeal No. 48/78/4/83.

(2.) THE defendant second set in the original Title Suit No. 72/75 are the appellants in this case and Respondent 1st party of this appeal were the plaintiffs. Respondent second set were the defendants 1st party and Respondent 3rd set were the defendants 3rd party and Respondent 4th set were the defendants 4th party in the said original Title Suit.

(3.) THE plaintiffs filed Title Suit No. 72/75 for a declaration that the plaintiffs' sale -deed dated 25.5.74 confer perfect right, title and interest over the suit land as mentioned in Schedule -1 of the plaint to the plaintiffs and the defendants 1st party had no right to cancel the sale -deed and to re -execute another sale -deed dated 21.6.75 in favour of Defendant 2nd set with respect to the same land, who are appellants in the case, and thus, the deed of cancellation dated 11.6.75 and the sale -deed dated 21.6.75 do not have any adverse effect on the plaintiffs' title over the suit land. The plaintiffs also claimed redemption of the suit land as well as (sic) of receipt of the original sale -deed dated 25.5.74 by the defendant second party to him.