BISHWANATH RAM Vs. LAWANGWAS KUER

JUDGEMENT

(1.) THIS appeal by the plaintiffs/appellants is directed against the judgment and decree dated 11th December, 1989 passed by 4th Additional District Judge, Palamau in Title Appeal No. 32 of 1987 whereby he has dismissed the appeal and confirmed the judgment and decree dated 25th August, 1987 passed by Sub -Judge, Garhwa at Palamau in Title Suit No. 124 of 1981.

(2.) PLAINTIFFS filed aforesaid Title Suit No. 124/81 for declaration that the suit land is raiyati land of the plaintiff and the sale deed executed by defendant Nos. 2 and 3 in favour of defendant No. 1 has not affected the right title and interest of the plaintiff in respect of the suit land.

(3.) DEFENDANT No. 1 who is purchaser contested the suit by filing written statement stating inter alia that the suit is barred by limitation and also barred under the provision of Special Relief Act. This defendant admitted genealogical table given in the plaint but pleaded that family was joint at all point of time. Various other defenses have been taken by defendant No. 1. Defendant No. 3 filed written statement stating that he has not executed any sale deed in favour of defendant No. 1 and that he is an illiterate person. Defendant No. 2 and 4 did not file any written statement.