JUDGMENT :

1. This appeal has been preferred by the Defendant No.1 (LR) against the judgment of affirmation passed by District Judge-II, Palamu in Title Appeal No. 09 of 2007.

2. The plaintiffs/respondents filed the suit for declaration that schedule – B sold by Defendant No. 1 to Defendant No. 2 and 3 vide sale deed No. 321 dated 7.1.1985 be declared null and void. Schedule B is part of the land obtained by gift deed fully described in Schedule-A of the plaint.

3. The case of the plaintiff Kasida Devi is that Maheshwari Devi (Proforma Defendant No. 4 now dead) W/O Mahang Mahto acquired different plots of land by registered sale deed No.5341 dated 19.4.1968, Deed No.8295 dated 1.9.1969, Deed No.10432 Dated 22.12.69, Deed No.884 dated 17.1.72 and came in possession of them. The plaintiff acquired Title and possession over Schedule-A property from Maheshwari Devi by registered deed of Gift No. 1904 executed on 28.2.1978 (Schedule-A). Mahang Mahto had two sons Ramcharitar Mahto (Defendant No. 1) and Sukhdeo Mahto. Kasida Devi W/o Sukhdeo Mahto is the plaintiff. In pursuance to the gift deed the land was duly mutated and demand of revenue has been opened in her name. It is further case of