IMPORTANT POINT
There is presumption of validity of registered sale deed – Once it is found that one of executors of sale deed, died prior to execution of sale deed, sale deed itself will be null and void.

JUDGMENT

Heard the learned counsel appearing on behalf of the parties.

2. This second appeal has been filed against the judgment dated 20.12.2002 (decree signed on 10.01.2003) passed by the learned Additional District Judge-XI, Dhanbad in Title Appeal No. 42 of 2001 setting aside the judgment dated 09.08.2001 (decree signed on 21.08.2001) passed by the learned Munsif-II, Dhanbad in Title Suit No. 104 of 1997. The title suit was dismissed by the learned trial court.

3. This appeal was admitted vide order dated 24.12.2003 on the following substantial questions of law: -

(a) Whether even on the finding of the Lower Appellate Court that one of the executants of the sale deed in favour of the plaintiff died on 16.10.1975, the finding that the sale deed executed on 23.10.1975 was executed by one Smt. Churamani Devi is not vitiated by a clear error of law amounting to a substantial error of law?

(b) When a sale deed is executed by a person along with another and one of them is found to be dead on the date of the alleged execution of the sale deed, can it be treated as invalid as a whole so as to convey nothing to the assignee thereunder?

(c) Whether on the facts and in the circumstances of the case, the lower appellate court is justified in granting the plaintiff a decree for recovery of possession?

4. Before the learned trial court, the plaintiff prayed for the following reliefs: -

“(a) For a decree be passed in favor of plaintiff and against the defendants declaring the registered sale deeds vide no. 1676 dated 18.03.1996 and 5065 dated 10.08.96 are null and void, collusive, manufactured and without consideration and the same be declared the plaintiff’s right, title, interest and possession over the Schedule “C” and “D” land alongwith the Schedule “B” land.

(b) For a decree for permanent injunction in favor of the plaintiff restraining the defendants and their men and agents from disturbing peaceful enjoyment of the plaintiff.

(c) For any other relief or reliefs which the plaintiff is entitled to.”

Arguments of the Appellant

5. The learned counsel for the appellant has submitted that as per the case of the plaintiff, the land situated in Khata No. 22 including plot number 140 originally belonged to and recorded in the name of Gopal Singh, S/o Teju Singh in the last cadastral survey settlement records of right. Gopal Singh died leaving behind his two sons, namely, Guman Singh and Trishul Singh; Guman Singh died leaving behind his wife Churamani Devya having no issue; Trishul Singh died leaving behind his two sons Murlidhar Singh and Chakradhari Singh; Murlidhar Singh died leaving behind his only son Bhutnath Singh who also died leaving behind his widow Sarla Debya and Chakradhari Singh died leaving behind his two sons, namely, Gouri Singh @ Jyoti Singh and Jamku Singh.

6. The learned counsel for the appellant has submitted that defendant no. 3 in the present case had purchased the land in plot no. 140 through two registered sale deeds bearing no. 1676 dated 18.03.1996 from the defendant no. 1 Sarla Debya and purchased another portion of the land of the same plot vide registered sale deed no. 5065 dated 09.08.1996 from defendant no. 2-Jamku Singh. The learned counsel submits that as per the plaint, the area covered by sale deed dated 18.03.1996 was Schedule-C property and the area covered by sale deed dated 09.08.1996 was Schedule-D property. The learned counsel has also submitted that as per the plaint, said Churamani Devya W/o Late Guman Singh and Jyoti Singh @ Gouri Singh S/o Late Chakradhari Singh had sold property in plot no. 140 vide registered sale deed no. 9657 dated 08.11.1975 (exhibit-2/b) in favour of original plaintiff. The area covered by registered sale deed no. 9657 dated 08.11.1975 is described in Schedule-B. The learned counsel submits that it was the specific case of the plaintiff that Schedule-C and Schedule-D property is part and partial of Schedule-B property.

7. Learned counsel for the appellant (defen