- (1.) THIS second appeal is against the judgment and decree passed by learned 1st Additional District Judge, Giridih whereby the said appellate court has concurred with the findings of learned Sub Judge -III, Giridih and dismissed the appeal.
(2.) THE appellants were the defendants in the suit. The plaintiff had filed suit for declaration of right, title and interest over the suit land and for confirmation of possession or alternatively for recovery of possession. The plaintiff's case was that the suit land appertaining to Khata No.1 of Village -Mahthadih, P.S. and District -Giridih measuring an area of 22.66 acres was recorded in the name of Nawab Rai in the last survey records. Nawab Rai died leaving behind his only son -Harkhu Rai, who had inherited the property of his father. Harkhu Rai had sold some portion of lands of Khata No.1 to different persons. Harkhu Rai died in the year 1955 leaving behind his widow -Hazo Kumari, who had come in possession of remaining lands of Khata No.1. Hazo Kumari had sold some land of Khata no. 1 to meet the expenses of last rites of her husband. There was no male member in the family of Hazo Kumari. Sons of deceased Bhuso Devi @ Murti Devi used to come and live with Hazo Kumari. She had reposed faith in them. Sons of deceased -Bhuso Devi @ Murti Devi induced Hazo Kumari to execute a Will in their favour and they brought Hazo Kumari to Giridih for that purpose but they fraudulently got a sale deed executed without paying any consideration amount in respect of 9.50 acres of land of Khata No.1 on 18.1.1956. The contents of the sale deed was not read over and explained to Hazo Kumari and she was kept in dark regarding execution of the sale deed. Subsequently, in April, 1957, Hazo Kumari came to know that the defendants had fraudulently got a sale deed executed in their favour. When she raised the matter, there was much hue and cry. The defendants threw the original sale deed dated 18.1.1956 before Hazo Kumari and told her to get the same cane:elled and continue to exercise her right, title over the land as absolute owner. Hazo Kumari accordingly registered a deed dated 13.4.1957 recording the said events and canceling the sale deed. Hazo Kumari thereafter registered several deeds in favour of different purchasers and also to her daughter Mungo Devi. Mungo Devi had become widow in 1931. She had been living with Hazo Kumari. Subsequently, the defendants who are the sons of Upendra Bhaiya. started claiming their right over the land on the basis of the sale deed executed by Hazo Kumari in 1956. The dispute arose between the parties, which led to a proceeding under Section 145 Cr.P.C. and that was decided against the plaintiff. Hence. the suit was filed praying the aforesaid reliefs.
(3.) THE defendants appeared and contested the suit. In the written statement. it was stated that Harkhu Rai had no male issue and. therefore. he had kept her son in -law -Hakim Bhaiya as his 'Gharjamai He all along lived with his wife at VillageMahthadih. where she gave birth of all his children. After death of Hakim Rai. the defendants have been managing the affairs. Hazo Kumari had not came in possession over the suit land. Hazo Kumari had execUted the registered sale deed dated 18.1.1956 on payment of cash consideration of Rs. 600/ - in favour of Hakim Bhaiya and others with respect to the land measuring 9.50 acres. Shradh of deceased -Harkhu Rai was performed by Hakim Bhaiya. The defendants being successors have been in continuous possession over the suit land. Mungo Devi never lived with her mother -Hazo Kumari as alleged by the plaintiffs. The plaintiff's suit is not maintainable and the same is liable to be dismissed.;