Anubha Rawat Choudhary, J. - (1.) Heard Mr. Manjul Prasad, counsel appearing on behalf of the appellants assisted by Mr. Baban Prasad, Advocate.
(2.) Counsel appearing on behalf of the appellants while referring to substantial question of law framed in the memorandum of second appeal, has argued that Ext.-4 i.e. Sada money receipt has been wrongly rejected by both the Authorities below and accordingly the second appeal should be admitted on account of improper appreciation of evidence in connection with Ext.-4. Counsel for the appellant has also placed the judgment passed by the learned court below.
(3.) The brief facts of the case is as under:- Plaintiffs' filed suit for declaration of title and confirmation of possession in connection with land recorded as Bakast land of Bandhu Pandey who sold the same by registered sale deed in the year 1929 to one Hiraman Pandey. Further case of the Plaintiffs is that before Cadastral Survey, the ancestor of Bandhu Pandey namely Lahaso Kuer, W/o Narayan Pandey and Saheb Ram Pandey, S/o Lilu Pandey had taken loan from Sudhu Pandey and Punit Ram Pandey to the tune of Rs. 22/- and 10 Annas but both the debtors died leaving behind their only legal heir Bandhu Pandey, who paid the said loan amount of Rs.- 22/- 10 Annas to Khublal Pandey (legal heirs of creditors) in the year 1928 and money receipt was granted in token of payment which is exhibit-4. After purchase, Hiraman Pandey died issueless leaving behind his only brother namely Rameshwar Pandey, who came in actual physical possession over the land. After death of Rameshwar Pandey, his son namely Tilak Pandey and grandson Ganesh Pandey inherited the land in question. For legal necessity, Tilak Pandey and Ganesh Pandey sold the land by virtue of registered sale deed No.-3167 dated 22.6.1979 in favour of Javitri Devi, W/o Raghu Pandey and Bimla Devi, W/o Kirit Pandey. After purchase Javitri Devi and Bimla Devi took possession over the land in question. The purchasers of the property and/or their legal heirs are the appellants before this Court.;