1.

the landed property gotten by Sumitra is not her property, it is a joint family
property.

2. Lakshuman has the right to sell, being the Karta

3. Lakshuman was not intoxicated, had no habit of intoxication

4. On 31/11/2014, D1 sold 62½ dec. of landed properties in Bhabua to Ram Krit

and D2 in full consciousness, not in intoxicated manner, being the Karta of HUF
having the full authority to make such transfer.

5. when D1 repurchased the landed property in the name of P1 from Ram krit
pandey on 30/07/2015, it again became a joint family property because P1 could
not prove that he bought it with his own income so as to make it his self acquired
property.

6. Then on 31.10.2021, D1 sold again the property to D2, by the virtue of being the
Karta. D2 being the Karta, there arises no question of lack of consent from other
members of the HUF.

7. On 31.10.2021, through another sale deed, D3 Kamla Pandey also bought

another portion of land from D1 Lakshuman Lal

8. The property is situated in Bhagawanpur, so being a case related to section 16

CPC which says that only court having proper territorial jurisdiction can entertain a
suit, Munsiff CNLU Patna does not have territorial jurisdiction to try the case.

9. the plaint having no cause of action, it should be rejected under Order 7 Rule 11
CPC. No cause of action because: Ps allege that CoA arose on 31.10.2021 when D1
illegally sold properties to D2 and D3. But D1 being the Karta of the HUF had the
legal authority to sell the property unilaterally also. So, NO CoA.

9. As per para 6 of plaint, it is true that Ram Charitar registered a gift deed in favour
of P2, it was bad in law as at the time of registration of sale deed, the joint family
property was not partitioned. So, P2 does not have an absolute right and title in the
property

10. P2 Sumitra Kuer entered into an agreement for sale of 56 dec. of land in favour
of D3 Kamla Pandey. This property was gifted to P2 Sumitra Kuer by Ram Chariter
Lal but it being a non-partitioned, joint family property, P2 did not have an absolute
right and title over that property. P2 Sumitra Kuer voluntarily executed a deed of
agreement with respect to 56 dec. land for which D3 Kamla Pandey had agreed to
pay Rs. 25,00000/- as consideration. D3 Kamla Pandey had also paid Rs.
12,00000/- already to P2 Sumitra Kuer.

But as Sumitra Kuer does not have the absolute right and title over the property,
she does not have the legal capacity to register a sale deed or enter into a sale
agreement.

QUESTIONS THAT TO BE ASKED TO THE WITNESSES:

To PW3: P1 – Baban Lal:
1. What do you do for a living? (serviceman)
2. For how many years have you been in service?
3. What is your yearly income?
4. What was the consideration paid by you when you repurchased the property
from Ram Krit? (Rs. 5000)
5. Could you assign any particular source of income or separate earning on your
part from which you repurchased the property from Ram Krit?
6. Who accrued the benefits of the property repurchased by P1?

To PW12: P2 – Sumitra Kuer: CROSS

Aap abhi mention kia kia Kamla pandey ko aap apne vivadit zameen ke masle se
janti hai. Kya aap keh skti hai aapko who zameen kayse mili? (how did you get the
land which was allegedly sold by lakshuman by deceit?)

Aap ko yaad hai kya kis san me dia gya tha?

Kya ye zameen ki batwara thi? (Was the property been partitioned?)

Kya aapko ye zameen batwara hone ke pehle dia gya tha ya baad me? (Was it
partitioned before or after gift deed?)

Ye zameen ki dekh rekh kon krta hai?

Ye zameen se jo bhi labh utpanna hota hai who kon rkhta hai? (Who accrued the
benefits arising out of property that P2 got from Ram Charitar?)

Aap padhe likhe hai kya? Aapko Hindi samajhne me koi dikkat to nhi hoti hai? Uss
din sale deed execute krne ke waqt jo kagaaz aapne sign kia, who kya aapko padha
dia gya tha? (was the contents of the sale deed executed between Kamla Pandey and
you read out to you?)
What he knows about Lakshuman?

How well you know them?

Where did you meet Lakshuman most?

6.

7. who paid the money for the repurchase of the property from Ram Krit Pandey?

To D1- exam in chief

1. SAMPARK KYA HAI P1 and P2 ke sath?

2. pita ke dehant ke baad property ki partition hui thi?

3. sumitra kuer ko jo gift mili ram charitar se, who partition ke baad hui thi ya
baad?

4. joint f property ki dekhrekh kon krte hai?

5. aapne jo zameen bechi thi uske baare me f members ko pta hai?

6. aapne zameen kyu bechi thi?

To Kamla -examination in chief

Exhibit B1 – sale deed for lakshuman-kamla pandey transaction

Exhibit D – certified copy of sale deed sumitra-Kamla transaction dated 29.09.2021

1. aap koi property khareede hai from Lakshuman?

2. kb khareede hai?
3. zameen kitne me khareede hai?

4. sale krne ke time Lakshuman ke mansik aur sharirik haalat kyasa tha?

5. aap sumitra se koi zameen khareedi thi ki nhi?

6. agar ha, to kab khareedi thi?

7. zameen kitne me khareede hai?

8.

P2’s Son in Law PW4:

ambika lal’s brother

stamp vendor

advocate

ambika lal’s 3rd brother

Name: Baliram Pandey

Address: Village Manikpur, Bhagwanpur, District Kaimur Bhabua
PW 5
Age: 46 years
Profession: Handwriting and Fingerprint expert

sir, the suit is not maintainable for lack of cause of action – for lack of jurisdiction
and Estoppel

1. the PO does not have any knowledge of the case. So the arguing counsel must
bear that fact in mind while arguing
2. Counsel has to convince the court in such a manner that the argument becomes
attractive and judge becomes ready to listen. The art of argument is a special art.

3. PC should narrate the relief/prayer first. Then argue what is the case of P and D.
Ps’ case must not be narrated in a way written in the plaint.

what are the controversies in the pleading; issues have been framed as follows…;
explain the issues then along with relevant witnesses’ depositions for each issue;
then discuss the substantive law;

DC’s arguments:

1.

After DC’s arguments, PC will be given charge to file a Reply.