1. The present Letters Patent Appeal is directed against the judgment
dated 13.10.1999 passed by the learned Single Judge in Appeal from
original decree i.e., First Appeal No. 112 of 1985 (R) filed by the
Rajasthan Bhawan Trust (through Shri Sheo Prasad Budhia), the present
appellant (hereinafter referred to as “the defendant no. 2”), which was
dismissed by affirming the judgment and decree dated 29.06.1985
(decree singed on 08.07.1985).
History of the present lis
2. The original plaintiffs (Lal Tribeni Nath Sahdeo and Lal Rajendra Nath
Sahdeo) had filed Title Suit No. 36 of 1974 seeking declaration to the
effect that the sale deed executed by their own brother Lal Fanindra
Nath Sahadeo (hereinafter referred to as “the defendant no. 1”) in
favour of the aforesaid defendant no. 2 on 19.04.1971 with respect to
2026:JHHC:4249-DB
2015:JHHC:27586-DB
0.14 ¾ acre and 0.10 acre (total 2.24 ¾ acre) of land under plot nos.
21/1768 and 21/2769 respectively situated at Village Chandwa, P.S
Chandwa, Thana No. 285, District Palamau (hereinafter referred to as
“the said property”) was illegal, void, without jurisdiction and bad in the
eye of law as well as seeking declaration that only the plaintiffs were
entitled to purchase the said land through a sale deed which should
have been executed in their favour.