RAMESH PRASAD Vs. KASI SAO @ KASI PRASAD

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment dated 19th December, 1997, passed by the learned single Judge in First Appeal No. 129 of 1996, (R)/Appeal From Original Decree No. 129 of 1996 (r), allowing the said appeal and setting aside the judgment and decree dated 14th June, 1986, passed by the learned Sub -ordinate Judge, Palamau at Daltonganj, in Title Suit No. 57 of 1984, decreeing the plaintiffs/respondents/appellants suit, which was for declaration of right, title and interest, on the basis of registered sale deed dated 18th May, 1984, executed by defendants/appellants/respondents, and also for putting them in possession of the suit lands, covered by the sale deed.

(2.) THE plaintiffs have alleged that they have acquired valid right, title and interest by virtue of the sale deed dated 18th May, 1984, executed by defendant No. 1, in their favour. Hence they are entitled to get delivery of possession of the suit land from defendant No. 1. They also took plea that the registered sale deed, executed by defendant No. 1 in favour of defendant No. 2 did not confer upon him any right, title and interest, regarding the suit land.

(3.) LEARNED Subordinate Judge framed altogether seven issues for just decision of the suit. After hearing both the parties and considering the documents available, he decided all the issues in favour of the plaintiffs/respondents, finding that the sale deed dated 18th May, 1984 conveyed valid right, title and interest in favour of the plaintiffs and the execution of the second sale deed by defendant No. 1 in favour of defendant No. 2 was only for the purposes of getting more money. The trial Court further held that defendant No. 2 purchased the said land with full knowledge of the first sale deed, executed by defendant. No. 1 in favour of the plaintiffs. The trial Court, accordingly, decreed the suit of the plaintiffs and directed the plaintiffs to pay the balance amount of Rs. 10,000/ - to defendant No. 1, who, in his turn, would hand over possession of the suit land to the plaintiffs within the stipulated time.