RAM BILASH MAHTO Vs. RAJAN KUMAR JAISWAL

JUDGEMENT

(1.) IN Execution of an eviction decree passed, against one Laxman Mahto, respondent No. 3 herein vide Execution Case No. 20 of 1986, delivery of possession was effected in favour of the decree holders -respondents 1 and 2 and the appellants herein thereafter claimed that they were also dispossessed from their property, which was not the subject matter of either the decree or the execution proceeding.

(2.) ACCORDINGLY , an application under Order XXI Rule 99 of the Code of Civil Procedure was filed, which was registered as Misc. Case No. 25 of 1986. In the said proceeding the appellants claimed to have purchased the lands of plot No. 190 110 by a registered sale deed dated 6.7.1962 from the said Laxman Mahto.

(3.) THE learned Munsif, 1st Court, Darbhanga, on the basis of evidence brought on record came to a finding that the sale deed dated 6,7.1962 (Ext. 1) in their favour was farzi transaction. The said finding has been confirmed in appeal by the impugned judgment dated 11.10.1991, passed by the District Judge, Darbhanga, in Misc. Appeal No. 1 of 1991.