IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16878 of 2010 CHHOTELAL SAH & ORS Versus SANJAY KUMAR PANDEY & ORS ----------- 4. 03.05.2011 After hearing the counsel for the petitioners as well as learned counsel for the respondents. On perusal of the judgment passed by the trial court and perusal of the agreement which is contained in Annexure-1 dated 16.2.1995 which reveals that Rs. 45, 000/- (forty five thousand) advance receipt for sale of both shops. It has been stated in para-4 of the petition that the land of Khesra No. 7981 measuring 14 ½ dhurs over which the double story building is existing including shop, which is suit property. (Both these shops are the suit property). The said property was of Smt. Raj Kumar Devi, the mother of defendant No.2 and she gifted the entire property of Khesra No. 7981 in favour of her daughter Ramawati Devi from whom the applicant have purchased the land. Thus, the main question arises as to whether the defendant no.1 who is no more now was entered into an agreement to sell the property of which he was not owner. This aspect has not been considered by the learned District Judge. Learned counsel for the respondent does not dispute the aforesaid factual position. Thus, the writ application is allowed and the impugned order dated 09.09.2008 passed by Additional District Judge, F.T.C., West Champaran, Bettiah is quashed. The application is disposed of. Ravi/- ( Prakash Chandra Verma, j.)