VISHNUDEO NARAYAN, J.

( 1 ) THIS appeal at the instance of the defendant-appellant is directed against the impugned judgment and decree of affirmation dated 24-3-1988 and 4-4-1988 respectively passed in Title Appeal No. 47 of 1984/ 46 of 1987 by the District Judge, gumla upholding the judgment and decree of the learned Munsif, gumal passed in title Suit No. 37 of 1983 whereby the suit filed by the plaintiffs was decreed.

( 2 ) THE plaintiffs-respondent had filed the said suit for declaration that the sale deed no. 1711 dated 18-10-1978 executed by them is void and not binding upon them having been obtained by fraud, misrepresentation and without consideration and for recovery of possession in respect of the suit land detailed in Schedule-A of the plaint situate in Village- Dumarla, Police Station-Gumla, District-Ranchi (now Gumla ).

( 3 ) THE case of the plaintiffs-respondent, in brief, is that Buddu Turi, Mutarituri and thuia Turi, all sons of Bishun Turi stand jointly recorded in respect of Khata No. 68 in the Survey Records of Right (Ext. 5) and land under Khata No. 68 was partitioned among them and the suit plots having a total area of 3. 11 acres under the said Khata