GOVIND NATH SAHDEO Vs. LAL DAMODAR NATH SAHDEO

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned Sub Judge-VIII, Ranchi in Title Suit No. 210/2005 has allowed the amendment proposed by the plaintiff/respondent herein by the impugned order dated 04.12.2014 (Annexure-3).

(3.) Petitioner no. 1/defendant and the sole respondent i.e. plaintiff are real brothers being the son of Late Bara Lal Krishna Nath Sahdeo. Petitioner nos. 2 and 3 are wife and son of the petitioner no. 1. Parties are agitating common grievances in the instant Title Suit No. 210/2005 on the question of sale of certain property by the defendant in plot nos. 1167 and 1168 which is their property devolved through their father. The plaintiff has alleged in the plaint that the sale deeds executed by the defendant/petitioner no. 1 in favour of Smt. Annapurna Devi and Ram Manohar Nath Sahdeo through two sale deeds on 24.01.2004 and 29.01.2004, are fraudulent and without consideration. The vendees are also relatives of the defendant and plaintiff. Defendant no. 4 has transferred the suit property in favour of her daughter in-law and grandson i.e. defendant nos. 2 and 3 who are petitioner nos. 2 and 3 herein. Plaintiff alleges that by practicing fraud, land and building of the suit property has been got entered in the sale deed. With the aforesaid cause of action, plaintiff has sought adjudication of right, title and interest over an area of 17 kathas and 34 sq.ft to be declared with further relief that defendant no. 4 has no right to transfer the land and building situate at southern - 17 kathas 36 Sq.ft in favour of the Defendant Nos. 2 and 3 and said sale deeds are not binding upon the plaintiff.