MD.RAHIM @ ABDUL RAHIM Vs. MD.MAOIN

JUDGEMENT

(1.) THIS appeal directed against the judgment and decree dated 20.9.1990 passed by the 2nd Additional District Judge, Giridih in Title Appeal No. 32 of 1981 whereby he has allowed the appeal filed by the plaintiff in part and right tile and interest of the plaintiff -respondent Nos. 1 and 2 was declared in respect of a portion of the suit property.

(2.) THE plaintiff -appellant filed Title Suit No. 58 of 1979 for a declaration that plaintiff Nos. 1 and 2 have subsisting right, title and interest over a pucca built house measuring 4.25 decimals forming part of holding No. 103, Ward No. 3 of Giridih Municipality fully described in Schedule "B" of the plaint which is the suit property. Further relief for declaration that the agreement for sale dated 24.4.1997 alleged to be executed by defendant No. 2 in favour of defendant No. 1 in respect of the suit property as well as Schedule "A" property is illegal, collusive, void and without consideration and it did not confer any right to defendant No. 1 and consequently, the decree obtained by defendant No. 1 in Title Appeal No. 29 of 1979 on the basis of the aforesaid agreement Is not binding on the plaintiffs.

(3.) DEFENDANT Nos. 3 and 4, the two sons of Jan Mohammad did not contest the suit. Defendant No. 2 filed a separate written statement supporting the case of the plaintiff stating that she had no right title or interest or possession over any part of the suit property. She further denied to have executed any agreement in favour of defendant No. 1.