PREM KUMAR MAHATO Vs. PUSTAM MAHATO

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree dtd. 15/12/2016 (Decree signed on 22/12/2016) passed by the learned District Judge - XVII, Dhanbad in Title Appeal No. 108 of 2015 whereby the appeal has been allowed and the judgment and decree passed by the learned Trial Court has been set aside. The judgment and decree by the Trial Court dtd. 30/9/2015 (Decree signed on 16/10/2015), has been passed by the learned Additional Civil Judge (Junior Division), Dhanbad in Title Suit No.01 of 2003, whereby the suit was partly allowed and decreed on contest.

(2.) This second appeal was admitted vide order dtd. 12/4/2018 on the following substantial questions of law:

(3.) The suit was filed seeking a declaration that the Nadabi deeds No.307 dtd. 5/1/1972 and No.310 dtd. 5/1/1972 are null and void, sham transaction, never acted upon and be delivered cancelled up. A further prayer was made to seek a decree for permanent injunction restraining the Defendants from interfering with the peaceful possession of the Plaintiffs and alternatively for a decree of possession if the plaintiffs are dis-possessed during the pendency of the suit. Arguments of the appellants (plaintiffs)