Mungeshwar Sahoo, J. - (1.) THE contesting defendants have filed this First Appeal against the Judgment and Decree dt. 01.09.1987 passed by the learned Subordinate Judge IInd Court, Patna in title Suit No. 35 of 1984 whereby the plaintiffs suit has been decreed.
(2.) THE plaintiff respondent's Sheela Devi filed the aforesaid Title Suit No. 35 of 1984 for declaration that the sale deed dt. 29.07.1983 purporting to have been executed by Jangali Devi @ Rukmani Devi in favour of the defendants' appellants is forged, fabricated, bogus, fraudulent, illegal, null and void and inoperative and without consideration. The principle -defendants have not acquired any title and possession over the suit land. The plaintiff in the alternative prayed for recovery of possession with mean profit. The plaintiff's claims the aforesaid relief giving inter alia the facts which are summarized hereinbelow without giving the great details. According to the plaintiff Jangali Devi @ Dhaneshwari Devi was wife of Baldeo Sao. They have a son Sheonarain Sao who is defendant No. 4. Plaintiff Sheela Devi is the daughter of Sheonarain Sao. Balkishun Sao and his brother Baldeo Sao were members of joint family. On the death of Balkishun Sao without any heir, all the properties were inherited by the rule of survivorship by Baldeo Sao and his sons Sheonarain Sao who came in joint possession. Sheonarain Sao also acquired some property. Sheonarain Sao had no son. Therefore, Sheela Devi used to serve her father and grand mother Jangali Devi so Jangali Devi and Sheonarain Sao made a gift of the entire property in favour of Sheela Devi as they had become very old. The gift deed was executed and registered on 15.11.1983. Sheela Devi accepted the gift deed and came in possession. Jangali Devi @ Dhaneshwari Devi died on 15.12.1983. Her Shradh was performed by Sheonarain Sao.
(3.) THE further case is that when husband of Sheela Devi and Sheonarain had gone to pay tax on 2.1.1984, they learnt that the defendants have already paid rents on the basis of the sale deed said to have been executed on 29.07.1983. The plaintiff got certified copy of the sale deed dt. 29.07.1984. The principle defendant who in collusion and conspiracy with the Asarfi Lal Singh, the husband of defendant No. 2 fabricated the sale deed. It has also been alleged that Ashrfi Lal, the husband of defendant No. 2 has his house adjacent to plot No. 127 belonging to Sheonarain Sao, therefore, he was pressing Sheonarain Sao to sell plot No. 127 and on their refusal, Ashrfi Lal Singh was annoyed. Sheonarain Sao and his mother Jangli Devi had 3.40 acres in total which was their source of livelihood, therefore, there was no reason as to why Jangli Devi could have sold 1 acre 16 decimal to the defendants by registered sale deed dated 29.07.1983.;