- (1.) HEARD the learned counsel for the appellants.
(2.) THIS appeal at the instance of the appellants stands directed against the impugned judgment and decree dated 30.4.2003 and 24.5.2003 respectively passed by Shri Anil Kumar, Additional District Judge, Fast Track Court No. VII, Hazaribagh in Title Appeal No. 11 of 1988 and Title Appeal No. 11 (A) of 1988 whereby both the appeals were dismissed. The appellants had filed Partition Suit No. 104 of 1979 for declaration that the sale deed dated 8.10.1978 executed by defendant No. 1 in favour of defendant Nos. 16 and 17 in respect of the land of Schedule 'G ' of the plaint is not binding on them and they have further sought a relief for partition of Schedule 'B ' to Schedule 'F ' land of the plaint in which they claimed 1/6th share.
(3.) THE plaintiffs had made out a case in para 15 of the plaint that the sale deed: dated 8.10.1978 executed by defendant No. 1 in favour of defendant Nos. 16 and 17 regarding the some land of Schedule 'G ' is bogus, illegal, sham and without consideration intended to injure the interest of the co -sharers. The trial Court, while decreeing the suit of the plaintiffs in part has negatived the relief in respect of the declaration as claimed in view of the evidence on the record and held that the sale deed is legal, operative and binding upon the plaintiffs.;