(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)

The present Appeal arises from order dated 24.9.2010 dismissing CWJC no. 2938 of 1991, declining interference with the order dated 5.9.1990 of the Joint Director Consolidation, Gaya, in Revision case no. 283 of 1989 preferred by respondents no. 5 to 7. The Revisional Court held that the sale deed executed by Siya Ram Pandey in favour of the Appellants was a void document and set aside the order of the Consolidation officer dated 23.2.1989 rejecting the claim of Respondents 5 to 7.

A deed of gift was executed on 17.11.1959 by Most. Khubsoorat Kuer in favour of her grandson Jai Ram Pandey only by name. Siya Ram Pandey, the younger brother is stated to have been a minor at the time. Jai Ram Pandey is stated to have gone missing. Siya Ram Pandey executed a sale deed on 1.5.1967 in favour of the Appellants, describing himself as a joint owner and karta of the lands, on behalf of himself and as guardian of respondents 5 to 7, minor sons of Jai Ram Pandey (hereinafter referred to as the respondents). The sale deed recited it was executed for the benefit of the education of the minors, treatment of the ailing wife of Jai Ram Pandey an