PRABHASH KUMAR SHAH Vs. ANUPAMA JAISWAL

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) The Original Title Suit No.157 of 1996 was instituted by one Ganga Prasad Bhagat @ Jaiswal(since deceased) along with his three sons namely Ajay Kumar Jaiswal, Sameer Kumar Jaiswal and Abhishek Jaiswal seeking following reliefs:-

(3.) Brief facts of the case of the plaintiffs as pleaded in the plaint is that one Jageshwar Bhagat of Katras owned and possessed some agricultural land at Mouza Katras including plot Nos.328, 329, 340 and 341, while in peaceful possession thereof the said Jageshwar Bhagat gifted some of the land in the name of Tulsi Bhagatain, Ram Lakhan Bhagat, Ram Chandra Prasad Bhagat and Ganga Prasad Bhagat vide registered Deed of gift No.8164 dtd. 16/7/1943 and put them in possession thereof. Tulsi Bhagatain was only daughter and legal heir of Jageshwar Bhagat and another donee are the sons of Tulsi Bhagatain. Tulsi Bhagatain died 10 years ago leaving three sons namely Ramlagan Bhagat, Ramchandra Bhagat and Ganga Prasad Bhagat who inherited the property left by their mother. Tulsi Bhagatin while in peaceful possession of the aforesaid land divided the same and the land which was described in scheduled of the plaint fell into the exclusive share of Ganga Prasad Bhagat and his family, who came in possession thereof. Two sons of Ganga Prasad Bhagat namely Ajay Kumar Jaiswal and Samir Kumar Jaiswal have been carrying their business and other son Abhishek Kumar Jaiswal has been studying in Odisha. All the lands and business belong to the family of Ganga Prasad Bhagat which have been blended in joint family property and are being held and possessed by the plaintiffs. Ganga Prasad Bhagat father of Ajay Kumar Jaiswal, Samir Kumar Jaiswal and Abhishek Jaiswal did not have any knowledge of English or Bengali and he can write in Hindi only. He is the man of weak intellect and the entire joint family property is managed by Ajay Kumar Jaiswal and Samir Kumar Jaiswal. Defendant No.1 is a rich and influential businessman of Katras, who took Ganga Prasad Bhagat to Kolkata for his treatment and got two sale deeds executed there on payment of consideration amount of Rs.13,20,000.00(Rs. Thirteen Lakhs and twenty thousands) but at the time of execution of alleged deeds, Ganga Prasad Bhagat was not in sound health position and at the same time there was serious family dispute and disturbance in the family. It is alleged that the defendants/appellants taking advantage of vulnerable condition of Ganga Prasad Bhagat and pretending his treatment at Kolkata got executed two sale deeds Nos.6333 and 6334 dtd. 16/9/1996 registered on 17/9/1996 by Registrar Assurance, Kolkata. The alleged two above sale deeds were not executed voluntarily by Ganga Prasad Bhagat and no consideration amount was ever paid to him. The contents of the sale deeds were also not read over and explained to the vendor in Hindi. The plaintiffs also came to know after obtaining certified copies of two sale deeds that total consideration amount was entered only Rs.1,98,000.00 (Rs. One lakh ninety eight thousand). One sale deed was executed in favour of defendant No.1 Prabhash Kumar Saha and another in favour of his wife namely Radha Devi who are appellant Nos.1 and 2 respectively. Both the aforesaid sale deeds are totally void under the law as per provision of Sec. 30 (2) of the Indian Registration Act which has been deleted by the Bihar Amendment Act, 1991 and Sec. 28 of Registration Act has also been replaced.