MUNGESHWAR SAHOO, J.:–The defendants have filed this First Appeal against the judgment and decree dated 22.01.1985 passed by the learned 3rd Additional Subordinate Judge, Muzaffarpur in Title Suit No.62 of 1981 whereby the court below decreed the suit filed by the plaintiffs-respondents under section 77 of the Indian Registration Act.

2. The plaintiffs-respondents filed the aforesaid Title Suit No.62 of 1981 under section 77 of the Indian Registration Act praying for a relief for directing the sale deed alleged to have been executed by Late Tepu Mishra on 10.11.1978 be registered.

3. The plaintiffs claimed the aforesaid relief alleging that the suit property measuring 4 acres 4 decimals belonged to Tepu Mishra. Tepu Mishra died unmarried. His only sister Shyam Sundari was residing at her husband’s house and sometimes she used to come to her brother Tepu Mishra and used to look after him. Tepu Mishra had obtained some loan for treatment, therefore, he negotiated with the plaintiffs to sell the suit property. Rs.4,000/- as earnest money was paid to him and a mahadanama was executed on 28.07.1978. Tepu Mishra promised to execute the sale deed within six months and put the plaintiffs in possession of the suit property. Since he was ill and was getting weaker and weaker, his sister Shyam Sundari Devi requested him to pay substantial part of consideration amount to her. Tepu Mishra asked the plaintiffs to advance Rs.6,000/- and accordingly plaintiffs paid the same out of the consideration. Tepu Mishra then granted a receipt on 10.11.1978 at 10.00 a.m. in token of payment of Rs.6,000/-. The sale deed was also scribed on 10.11.1978. Tepu Mishra put his L.T.I. after understanding the contents of the sale deed. The witnesses also signed and attested the sale deed. Because Tepu Mishra was unable to go to the Registry Office on account of his weakness, therefore, it was decided to register the documents on commission. The balance consideration amount of Rs.2,000/- was also paid to Tepu Mishra and he handed over the sale deed to the plaintiff no.1 for presentation before the Sub-Registrar. On commission the Sub-Registrar was called and plaintiff no.1 presented the sale deed before Sub-Registrar on 11.11.1978. However, by the time Sub-Registrar reached the house of Tepu Mishra, he had already died suddenly because of heart failure. Therefore, the Sub-Registrar, Sakra made an endorsement to that effect and returned.

4. The plaintiff filed an application under section 35 of the Indian Registration Act praying for direction to Most. Shyam Sundari to admit the sale deed as she was the only heir of Tepu Mishra. However, in spite of service she did not appear before the Sub-Registrar but the Sub-Registrar refused to register the sale deed. Appeal was filed but the said appeal was also dismissed, thereafter the plaintiff had filed the suit. According to the plaintiff, the receipt, mahadanama and sale deed were executed by Tepu Mishra while he was in sound state of mind and body.

5. The original defendant, Shyam Sundari Devi appeared and filed a contesting written statement denying all the allegations. She died and then interveners-defendants filed application and then they also filed written statement adopting the stand taken by Shyam Sundari Devi in her written statement. Their main defence is that Shyam Sundari was residing with her brother Tepu Mishra and was looking after him. Tepu Mishra did not take any loan or debt nor there was occasion for the same. He never negotiated with the plaintiff for sale of land mentioned in the sale deed nor ever he received any amount of consideration from the plaintiff much less the earnest amount of Rs.4,000/-, Rs.6,000/- and Rs.2,000/- nor ever he executed mahadanama nor he put his L.T.I. on the sale deed or the receipt or the mahadanama. All the allegations made by plaintiff regarding negotiation, execution of sale deed, mahadanama and also granting of money receipts are denied.

6. Further the defence is that

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