Ramji Sharma @ Ramji Banu (Dead) By L.Rs vs The State Of Bihar & Ors on 19 September, 1996
18.In the said circumstances, both the learned courts below rightly came to the
conclusion that the deed of gift dated 31.05.1991 was void on the basis of the
aforementioned facts and also on the basis of bar created by section 5 of the Consolidation
Act. So far the case law relied upon by learned counsel for the respondents, in a case of
Ram Raji Sharma & Anr. Vs. The State of Bihar and others, reported in 2007(4) PLJR 449
is concerned, it also does not come to the rescue of the defendants-respondents as it was
only held therein that if a transaction is made during the pendency of a consolidation
proceeding, it is void in so far as the consolidation proceedings are concerned and not the
transaction inter-se the transferor and the transferee. Hence, it has been merely held that
such a transaction cannot be held to be void inter-se the transferor and the transferee, but in
the instant case, the transfer in question is not claimed to be void inter-se the transferor and
the transferee, rather it is the other rightful owners of the property, namely the plaintiffs,
who are neither the transferor nor the transferee, who have filed the suit against the
transferor and the transferee claiming the said transfer to be void. Accordingly, this point is
also decided in favour of plaintiffs-appellants and against the defendants-respondents.