JUDGMENT

Date : 14-10-2025

Heard learned counsel for the appellants and learned counsel for the respondents.

2. This appeal has been preferred against the judgment dated 28.08.1990 (hereinafter referred to as the ‘Impugned Judgment’) and decree dated 11.09.1990 passed by the Sub- ordinate Judge-III, Hajipur at Vaishali (hereinafter referred to as the ‘learned trial court’) in Title Suit No. 26 of 1985 wherein and whereunder the learned trial court has decreed the suit.

3. The respondents/plaintiffs have filed a suit with a relief to declare void the four sale deeds dated 29.06.1984 executed by Gena Kuer in favour of Mishri Lal Rai, Upendra Rai and Tej Narayan Rai and Smt. Fulmati Devi, Garmu Rai and Paano Devi and for other reliefs.

Prosecution Case

4. The case of the plaintiffs in short is that a genealogy has been given at the foot of the plaint which is part of the plaint and from perusal of the genealogy it will transpire that Nathuni Rai had five sons, namely, Parshuram, Birju, Bhukhan, Thakur Dayal and Bhagwan Rai who died issueless in the state of jointness. Parshuram was having a son, namely, Sheo Deo Rai. Sheo Deo Rai had three sons, namely, Prabhu Rai, Garbhu Rai and Dhupa Rai.