HARI SHANKAR PRASAD, J. - (1.) THIS Second appeal is directed against the judgment dated 13-6-1990 and decree signed on 23-6-1990 passed in Title Appeal No. 38 of 1987 whereby and whereunder the learned 2nd Additional District Judge, Giridih allowed the appeal and set aside the judgment dated 25-7-1987, decree signed on 5-8-1987 passed by Munsif, Giridih in Title Suit No. 122 of 1985.
(2.) ADMITTED case of the parties is that the plaintiff/appellant purchased 5 decimals of land through two registered sale deeds executed in his favour by Jahoor Khan and the execution of sale deeds has not been denied by him. Admittedly he inherits the property jointly with Yasin Khan, his brother. After the death of their father, Daimali Khan and Jahur Khan sold out of 10 Kathas, 5 Kathas of land through two sale deeds in favour of the plaintiff/appellant. Further admitted case of the parties is that both the brothers executed another sale deed in favour of defendant/respondent. The plaintiff/appellant filed a Title Suit No. 122 of 1987 for the reliefs to declare his right, title and possession and also for confirmation of his possession and if he is found to have been dispossessed during the pendency of the suit, then for recovery of possession. Defendant appeared in the suit and contested the suit stating therein that prior to execution of sale deed by Jahur Khan in favour of plaintiff/appellant, defendant had entered into an agreement with both the brothers and subsequently in pursuance of that agreement for sale, both the brothers have executed registered sale deed in his favour by sale deed dated 4-10-1977 and the sale deed said to have been executed by Jahur in favour of plaintiff/appellant also by forged and fabricated document, wherein a plea was taken that the vendor had no right to sell the land and that sale deed is sham, forged and fabricated.
(3.) THE defendant/respondent being aggrieved by the said judgment and decree, filed appeal before the District Judge, Giridih and the learned 2nd Addl. District Judge, vide his judgment dated 13-6-1990 and decree dated 26-6-1990 set aside the judgment and decree of the learned Court below and allowed the appeal in favour of the defendant/respondent and thereafter this Second appeal has been preferred.;