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1976 Supreme(Pat) 260

B.P.JHA
Ramcharitra Singh – Appellant
Versus
Soneful Devi – Respondent


Judgment

1. The plaintiffs prefer-red the second appeal before this Court.

2. The plaintiffs claimed 1/4th share in the suit properties on the basis of a re-gistered sale deed dated 31.10.1964 (Ext. 1) executed by Most. Punia (pro forma defendant) in favour of the plaintiffs. The cause of action arose on 2.11.1964, when the defendants refused to partition the suit land. The suit was filed on 1.12.1964. It is stated in para. No. 7 of the plaint that on the basis of the sale deed executed on 31st October, 1964, these plaintiffs came in possession of the suit land. On these facts, the appellate court held in para. No. 11 of the judgment that the entire assertion of plaintiffs about possession and demand for partition and refusal thereof by the defendants is a cock and bull story. The lower appellate court also held in para. No. 19 of the judgment that the plaintiffs, in fact, purchased as per Ext. 1 merely a bag of sand and nothing more as Most. Punia had no inte-rest capable of being transferred to them.

3. The case of the plaintiffs, in short, is that they purchased 1/4th share of Most. Punia (pro forma defendant) on the basis of the sale deed dated 31st October, 1964, executed by he

















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