JUDGMENT:

S.B. SINHA, J.

1. Leave granted.

2. Appellant is aggrieved by and dissatisfied with a judgment and order dated 16th November, 2006 passed by a Division Bench of the Patna High Court in LPA No.1334 of 1997 whereby and whereunder a judgment and order dated 15th September, 1997 passed by a learned Single Judge of the said Court was set aside.

3. Appellant and the father of respondents herein had entered into an agreement to sell a property admeasuring 18 kathas and 5 dhurs of land situate in the District of Begusarai on or about 10th April, 1978. In the said agreement a representation was made by the appellant herein that a partition of the joint family property had taken place and each of four co-sharers had been in possession of separate portions of the property allotted to them.

4. Father of the respondents had paid a sum of Rs.16,000/- out of the total consideration of Rs.25,000/-. They were put in possession of 16 kathas and 5 dhurs of land. The balance amount of Rs.9,000/- together with interest of Rs.4,000/- was to be paid within 4 months from the date of agreement of sale i.e. 10th August, 1978.

5. Admittedly the said agreement was scribed by PW-14, Ram Gulam Pandit;,