KRISHNA RAM THAKUR @ KRISHNA RAM Vs. MAHESH SAO

JUDGEMENT

(1.) THIS appeal has been directed at the instance of the plaintiff appellant against the impugned judgment and decree dated 13.5.1988 and 26.5.1988 respectively passed in title Appeal No. 59 of 1986 by Shri Lala Anjani Kumar Sinha 3rd Additional District Judge. Hazaribagh whereby and whereunder the said appeal filed by defendant Mahesh Sao was allowed and the judgment and decree dated 8.8.1986 and 22.8.1986 passed in Title Suit No. 80 of 1984 by Shri R.B. Singh, 2nd Additional Munsif, Hazaribagh was set aside.

(2.) THE piaintiff appellant Krishna Ram had filed Title Suit No. 80 of 1984 for declaration that the sale deed dated 8.3.1984 executed by defendant respondent No. 2 Tara Ram in favour of defendant respondent No. 1 Mahesh Sao is null and void and it has conferred no title on defendant respondent No. 1 Mahesh Sao in respect of the suit property detailed in Schedule A of the plaint. A further relief has also been sought directing defendant respondent No. 2 Tara Ram to execute a sale deed in respect of the suit property in favour of the plaintiff appellant and also for confirmation . of his possession thereon and in alternative for recovery of possession.

(3.) DEFENDANT respondent No.2 Tara Ram has died during the pendency of this appeal and his heirs/legal representatives stand substituted in his place.