IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.130 of 2005 1. Kailash Prasad Jaiswal 2. Rajendra Prasad Jaiswal Both sons of Late Parasuram Jaiswal resident of Village Satoawanti Tola Naikot, PO Ramgarh PS Nuaon Dist. Kaimur at Bhabua Plaintiffs - Appellants- Appellants Versus 1. (a) Most Kaushalya Kuar w/o Late Nathu Rai (b) Bansh Ropan Singh (c) Rajbansh singh (d) Girja Devi (e) Saroj Devi (f) Manoj Devi All sons and daughters of Late Nathu Rai resident of Village Satoawanti Tola Naikot, PO Ramgarh PS Ramgarh Dist. Kaimur 2. Madhe Kishsun Rai S/o Late Ramayan Rai resident of Village Satoawanti Tola Naikot, PO Ramgarh PS Ramgarh Dist. Kaimur Defendants - Respondents-Respondents ----------------------- For the appellants: Mr Ravindra Kumar Singh, Advocate Mr Girish Chandra Sharma, Advocate ------------------- 07/ 08.02.2010 Heard learned counsel for the appellants. 2. This second appeal has been filed by plaintiffs - appellants-appellants challenging the judgments and decree of both the learned courts below. 3. The matter arises out of Title Suit no.76 of 1986(18/1993) which was filed by the plaintiffs-appellants for declaration of title and delivery of possession with respect to the suit land on the basis of three sale deeds dated 29.01.1974 Exhibit 1, Exhibit 1/a, Exhibit 1/b and alternatively for recovery of the consideration amount of the aforesaid three deeds. The said suit was dismissed on contest by the learned Subordinate Judge II, Bhabua vide his judgment and decree dated 20.07.1993. 2 4. Against the aforesaid judgment and decree of the learned trial court, plaintiffs-appellants filed Title Appeal no.105 of 1993 (35/2004) which was also dismissed on contest by the learned Additional District Judge-cum- Fast Track Court no. III, Kaimur, vide his judgment and decree dated 10.02.2005. Against the aforesaid judgments and decree of the learned courts below, the instant second appeal has been filed. 5. Although learned counsel for the plaintiffs- appellants vehemently challenges the judgments and decree of the learned courts below but from perusal of the materials including the impugned judgments and decree of the learned courts below, it is quite apparent that all the aforesaid sale deeds exhibit 1 series dated 29.01.1974 were executed in favour of the plaintiffs without permission of the Consolidation authority on the basis of which the plaintiffs applied before the Consolidation authority for allotment of their Chak in their names after entering their names in the Chak register but it was rejected by the Consolidation authority on the ground that the said sale deeds were without permission under the provisions of the Bihar Consolidation of Holding of Prevention of Fragmentation Act,1956. It was also found that knowing these facts, the defendants again executed sale deed dated 15.07.1975 with respect to the suit land after getting prior permission of the Consolidation authority under the provisions of the aforesaid Act in favour of plaintiff no.2 and after getting the consideration money delivered possession to the executantee and on the basis of the said sale deed chak was allotted and entry was made in the name of the said 3 executantee. 6. In the said circumstances the learned courts below were justified in holding that the sale deeds dated 29.01.1974 were ab initio null and void and hence no relief can be sought by the plaintiffs on the basis of the said void document. It was also held that the plaintiffs were fully aware of the registered sale deed dated 15.07.1975 but they did not choose to challenge the said deed and hence any claim contrary to it was also barred by law of limitation specially when the suit out of which this second appeal has arisen was filed in the year 1986. 7. In the aforesaid facts and circumstances, this Court does not find any illegality in the impugned judgments and decree of the learned courts below, nor does it find any substantial question of law involved in the instant second appeal, which is accordingly dismissed at this stage of hearing under Order XLI Rule 11 of the Code of Civil Procedure. (S.N.Hussain,J) shahid