IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.7 of 2017

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Sipahi Singh son of late Sadhu Singh resident of village - Manpur Milki, Post

Office - Nonhar, Police Station - Bikramganj, District - Rohtas at Sasaram.

... ... Appellant/s

Versus

1. Mundrika Chaudhary son of late Sakhi Chaudhary resident of village -

Dhangai, Post Office - Dhangai, Police Station - Bikramganj, District - Rohtas

at Sasaram.

2. Ram Balak Singh son of late Dharmdeo Singh

3. Sudama Singh son of late Dharmdeo Singh Respondents No. 2 and 3 are

residents of Village - Dhangai, Post Office - Dhangai, Police Station -

Bikramganj, District - Rohtas at Sasaram.

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr. Ramchandra Singh

With

Mr. Jitendra Kumar Singh

Mr. Ram Kumar Roy

For the Respondent/s

:

Mr.

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

ORAL JUDGMENT

Date : 11-12-2017

The present Second Appeal has been filed against the

judgment and decree, dated 30.09.2016/19.10.2016, passed by the

learned Additional District Judge-VIII, Rohtas at Sasaram in Title

Appeal No. 28 of 2009, whereby he has reversed the judgment and

decree of the learned Sub Judge-1, Sasaram in Title Suit No. 317 of

2004 and has decreed the suit in favour of the plaintiff.

2. The appellant was the contesting defendant before the

trial Court.

3. Before I approach the question as to whether this

Second Appeal involves any substantial question of law, I must

Patna High Court SA No.7 of 2017 dt.11-12-2017

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briefly take note of the facts of the case with reference to the rival

pleadings.

4. The plaintiff (Respondent no.1) asserted in his plaint that

R. S. Khata no. 254 of Mauza Dhangai, P. S. Bikramganj had been

prepared under plot No. 2446 area 57 decimals in the name of

Dharamdev Yadav (since deceased) and plot No. 2447 area 43

decimals in the name of Brahamadev Yadav and Jamuna Yadav as

recorded in the possessory column. Dharamdev and Brahamdev

Yadav were indisputably full brothers. Out of the said Plot No. 2446

belonging to Dharamdev and his son Ram Balak Singh, three

decimals of land was transferred to Ram Chandra Chaudhary and

Dewanti Devi through registered sale deed datd 04.10.1994.

However, in the said sale deed, dated 04.10.1994, plot No. 2447 was

mentioned in place of 2446. The plaintiff claimed that no portion of

Plot No. 2447 belonged to DharamdevYadav, rather plot No. 2447

was in the name of Brahamdev and Jamuna Yadav, which was

apparent from the survey map. Subsequently, the plaintiff through

sale deed dated 08.04.2003 purchased one and half decimal of land

through registered sale deed from Dewanti Kuer wife of late Ram

Chandra Chaudhary. The plaintiff, however, realized in course of

time that plot No. 2447 was wrongly mentioned in place of 2446. It

was also the case of the plaintiff that sons of Dharamdev Yadav,

namely, Ram Balak Singh and Sudama Singh sold a piece of land

mentioned in plot No. 2446 by sale deed no. 951, dated 20.02.2003

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in favour of the appellant ( defendant NO.1). After execution of the

sale deed, the appellant is said to have threatened the respondent to

dispossess him from the scheduled land of the plaint. This gave rise

to cause of action and institution of the suit.

5. The parties to the suit filed their pleadings. The vendor of

the appellant in his written statement supported the plaintiff’s case to

the effect that no portion of plot No. 2447 belonged to Dharamdev

Yadav/ Ram Balak Singh and the land which was sold through

registered sale deed dated 04.10.1994 was i