M.Y.EQBAL,J. - (1.)THIS appeal by the plaintiffs/appellants is directed against the judgment and decree dated 11th December, 1989 passed by 4th Additional District Judge, Palamau in Title Appeal No. 32 of 1987 whereby he has dismissed the appeal and confirmed the judgment and decree dated 25th August, 1987 passed by Sub -Judge, Garhwa at Palamau in Title Suit No. 124 of 1981.
(2.)PLAINTIFFS filed aforesaid Title Suit No. 124/81 for declaration that the suit land is raiyati land of the plaintiff and the sale deed executed by defendant Nos. 2 and 3 in favour of defendant No. 1 has not affected the right title and interest of the plaintiff in respect of the suit land.
It appears from the pleadings of the parties that one Dhautal Kahar was common ancestor of both the plaintiff and the defendants except defendant No. 1. Dhautal Kahar died in 1920 leaving behind three sons Fakira Kahar, Jagira Kahar and Jagan Kahar. Plaintiff is the son of Fakira Kahar, whereas defendant Nos. 2 to 4 are the sons of Jakira Kahar. One of the sons of Jakira Kahar, namely, Monki Kahar died unmarried. Plaintiff's case is that all the landed property of different khatas were held, possessed and jointly recorded in the name of Dhautal Kahar. Subsequently, in the survey khata Nos. 267 and 337 the suit land was jointly recorded in the name of Fakira Kahra, Jakira Kahar and Jagan Kahar. The lands of Khata Nos. 108, and 120 of village Mangara were recorded in the name of Dhautal Kahar and khata No. 202 was jointly recorded in the names of Chulhan Singh and Dhautal Kahar Plaintiff's case is that in 1920 Dhautal Kahar died leaving behind the plaintiff and defendants except defendant No. 1, who succeeded the land recorded in the name of Dhautal Kahar jointly. Sons of Dhautal Kajhar were separated from each other, which took place before survey settlement operation. It was pleaded that after the death of Jugo Kahar there had been amicable partition in 1925 between Fakira Kahar and Jakira Kahar in respect of the land of khata No. 246, 267, 321, 333 and 337 of village Shilidag and khata Nos. 100, 120, 202 of village Mangara. The land of khata No. 108 of village Mangara remain joined. Plaintiff's case is that by virtue of amicable partition Jakira Kahar was allotted khata No. 321 and 333 with house thereon of village Silidag and portion of khata No. 202 of village Mangara. Similarly, Fakira Kahar was allotted lands of khata No. 246, 267, 337 of village Silidag and other plots of village of Mangara. After amicable partition in 1925 plaintiff and his father alleged to have come in exclusive possession of their share and have been residing in the house and there has been separate cultivation by the plaintiffs and the defendants except defendant No. 1. Fakira Kahar died in 1937 leaving behind plaintiff as his only son. Jakira Kahara died in 1949. It was alleged that defendant No. 3 on 30.10.81 executed a sale deed in respect of the land which was allotted to the plaintiff in favour of defendant No. 1. Similarly, defendant No. 2 on 31.10.80 again sold the land which was allotted to the plaintiff in favour of defendant No. 1. Plaintiff therefore, contended that defendant No. 2 and 3 have no right title and interest over the land allotted in the share of the plaintiff. Hence, the instant suit was filed for declaration that those sale deeds are not binding on the plaintiff.

(3.)DEFENDANT No. 1 who is purchaser contested the suit by filing written statement stating inter alia that the suit is barred by limitation and also barred under the provision of Special Relief Act. This defendant admitted genealogical table given in the plaint but pleaded that family was joint at all point of time. Various other defenses have been taken by defendant No. 1. Defendant No. 3 filed written statement stating that he has not executed any sale deed in favour of defendant No. 1 and that he is an illiterate person. Defendant No. 2 and 4 did not file any written statement.