RADHA KANT JHA Vs. RAMANUP SINGH

JUDGEMENT

(1.) This is an appeal by the plaintiff from a deoiaion of the Subordinate Judge of Muzaffarpur dismissing his suit.

(2.) The plaintiff alleged that in 1941 he bad instituted a money suit against the defendant 2nd party for recovery of Rs. 642 and odd due under a handnote. He obtained a decree, in execution of which ha purchased 4 bighas 1 katha 12 dhura of land. The purchase was on 11th May 1943 and shortly after the plaintiff obtained dakhaldehani. It is stated that on 3rd May 1941, defendant 2nd party executed a kebala with respect to the land in suit in favour of the defendants 1st party, but the kebala was registered only on 6th May 1942, after certain contested proceedings before the Registration Officer. It is the admitted case that on 7th June 1941, the plaintiff had prayed in the money suit for attachment of the disputed land. The Court accepted the petition and on 30th June 1941, passed an order of attachment. After dakhaldehani had taken place, the defendants 1st party filed an objection under Order 21, Rule 100, Civil P. C., which was allowed by the executing Court. The plaintiff thereafter instituted the present suit under the provisions of Order 21, Rule 103, Civil P. C.

(3.) The main question debated before the lower Court, was whether the kebala executed by defendant 2nd party in favour of the defendants 1st party was a farzi and fraudulent document.