Kailash Prasad Deo, J. - (1.) The second appeal has been preferred against the judgment dated 20.02.2017 and decree sealed and signed on 06.03.2017 passed by learned District Judge-VII, Palamau at Daltonganj in Title Appeal No. 47 of 2014, whereby the learned appellate court has dismissed the appeal of the appellant and affirmed the judgment dated 19.09.2014 and decree signed on 29.09.2014 passed by learned Senior Civil Judge No. II, Palamau at Daltonganj in Title Suit No. 127 of 2010.
(2.) The plaintiffs' case is that the Original plaintiff Bali Mahto was retired government employee from the Department of Irrigation, Government of Bihar and he served the government since 1956 to 1992. During his service tenure, the plaintiff had purchased lands through different sale deeds in the name of his wife Lakhiya Devi vide sale deed no. 4334 of 1976, deed no. 1214 of 1982, deed no. 9268 of 1982, deed no. 358 of 1994, 2195 of 1994, deed no. 5655 of 1994, deed no. 10516 of 1994, deed no. 6927 of 1995 and deed no. 5792 of 1999, though he has paid the entire consideration money himself from his earnings. Lakhiya Devi, wife of the plaintiff is only name lender in the above sale deeds. The original plaintiff was in continuous cultivating possession over the suit land and also constructed residential house over Plot No. 217. The plaintiff's wife Lakhiya Devi died in the year 2005, leaving behind her husband (plaintiff), two sons and four daughters. The aforesaid land was running in the name of Lakhiya Devi, but the plaintiff himself paid the rent to the State Government and obtained rent receipt. The defendant no. 1 is one of the daughters of plaintiff and Lakhiya Devi and defendant no. 2 is son-in-law of defendant no. 1, who has brought his mother-in-law in collusion in order to raise dispute with regard to title of Original Plaintiff Bali Mahto in respect of suit land obtained a deed of Power of Attorney from defendant no. 1 on 21.09.2010 and thereafter, the defendant no. 2 on the basis of said power of attorney started negotiating for sale of portion of the suit land claiming that his mother-in-law, defendant no. 1, Kamla Devi has got share after the death of Lakhiya Devi.
(3.) A suit was filed by the plaintiff with following reliefs:- (A) for declaration that plaintiff is real purchaser of suit land and Lakhiya Devi was only name lender; (B) For declaration that the defendant no. 1 has no legal right to execute and register the power of Attorney No. 10359/183 dated 21.09.2010 in respect of suit land or portion thereof; (C) For cost of the suit and (D) For any other relief or reliefs for which the plaintiff is entitled. ;