NEELA SANGEETA LAKRA Vs. JHALKO DEVI

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 15.9.2003 passed by Subordinate Judge VI, Ranchi in Title Suit No. 19 of 1993/354 of 2003.

(2.) THE Plaintiffs -appellants filed said suit claiming the following reliefs:

(3.) THE case of the plaintiff in short was as follows. The lands in the Khata No. 89 plot No. 329 and 330, area 1.89 acres and plot No. 212 and 214, area 8 Kathas situated in village Konka, P.S. Lower Bazar, District - Ranchi was recorded in the original survey in the name of Budhua Oraon, Baghu Oraon and Champa Oraon. Defendant No. 1 to 5, who are the descendants of the said recorded tenants entered into 2 agreements with regard to sale of the Schedule 'A' land. One agreement was between the plaintiffs and defendant Nos. 1 to 4 dated 26.9.1988 (Ext. 10) and other was between plaintiffs and defendant No. 5 dated 10.10.1988 (marked X) with regard to an area of 80 decimals out of plot No. 329 and 330. After taking permission in Permission Case No. 609(R) 8 II of 1988 -89 under the Section 46 of the Chhota Nagpur Tenancy Act, 1908 (for short 'C.N.T. Act') defendant Nos. 1 to 4 sold land in plot No. 212 and 213, area 8 Kathas under a registered sale deed in favour of plaintiff No. 1 on 12.7.1990. Defendant Nos. 1 to 4 also sold 7 Kathas out of 1.89 acres of land in plot No. 329 and 330 on payment of consideration money by registered sale deed after taking permission under Section 46 of C.N.T. Act to one Sujash Tirkey. The defendants from time to time have also taken advance money under the said agreement. Defendant No. 5 took Rs. 20,501/ - from plaintiffs at the time of agreement as advance and he also received a sum of Rs. 500/ - Defendant Nos. 1 to 5 filed 4 cases for taking permission under Section 46 of the C.N.T. Act to sell of lands of plot No. 329 and 330 being Miscellaneous Case No. 677/89 -90, 682/89 -90, 662/89 -90 and 508/90 -91. The plaintiffs were ready and willing to perform their part of the contract. Defendant Nos. 1 to 5 fraudulently filed one application under Section 46 of the C.N.T. Act for permission to sell 50 Kathas of land out of 1.89 acres of plot No. 329 and 330 vide Misc. Case No. 5 of 1991, in which the plaintiffs filed objection before the Deputy Commission, Ranchi on the ground that an agreement dated 26.9.1988 was entered into between the plaintiffs and the defendants for sale of the lands including the land under the said proceeding. The said agreement between defendant Nos. 1 to 5 and defendant No. 6 is void and illegal. The cause of action of the suit arose when the said agreement was entered into by defendant Nos. 1 to 5 with defendant No. 6 and on subsequent dates when the defendants filed application for permission to sell 50 Kathas of land to defendant No. 6.