SUSHILA DEVI Vs. RAJENDRA MAHTON

JUDGEMENT

(1.) Heard Mr. Janardan Prasad Singh, learned senior counsel appearing on behalf of the appellants and learned counsel for the respondents.

(2.) The appellants are the plaintiffs. The appellants filed this Second Appeal against the judgment and decree dated 03.04.2012 passed in S.T.A. No.17 of 2002 whereby learned Additional District Judge, F.T.C. 1st, Lakhisarai dismissed the appeal and confirmed the judgment and decree dated 29.08.2002 passed in Title Suit No.6 of 1995 by Sub Judge II, Lakhisarai whereby the suit of the plaintiffs-appellants was dismissed.

(3.) The plaintiffs-appellants filed the suit that the affidavit jointly sworn by the plaintiff, Smt. Sushila Devi and her husband, Rajendra Mahton on 12.04.1994 is in the interest of joint family and on such, Rajendra Mahton and his mother, Puniya Devi(now deceased) be restrained from executing any sale deed with regard to the lands mentioned in Schedule-III of the plaint. The plaintiff further seeks relief that the sale deed executed on 21.09.1995 by Rajendra Mahton, the husband of plaintiff No.1, in favour of Upendra Singh with regard to the land of Khata No.521 Plot No.23 area 96 decimals be declared illegal, void and not operative.