BUDHAN MIAN Vs. HARI LAL RANA
LAWS(JHAR)-2001-9-47
HIGH COURT OF JHARKHAND
Decided on September 18,2001

Budhan Mian Appellant
VERSUS
Hari Lal Rana Respondents

JUDGEMENT

GURUSHARAN SHARMA,J. - (1.) PLAINTIFFS -respondents purchased total 28 decimals land of Plot Nos. 227, 278 and 279, situated in village -Maru. District Hazaribagh, detailed in Schedule -A, A -1 and A -2 to the plaint of Title Suit No. 39 of 1978, by virtue of two registered sale deeds dated 16.9.1970 and the third registered sale deed dated 6.5.1972 (Exhibits 1. 1/A and 1/B).
(2.) PLAINTIFFS further case was that on 19.2.1977, defendants dispossessed them from six decimals land detailed in Schedule B to the plaint, which was part and parcel of total 28 decimals land in Schedules A . A -l and A -2. Defendants contested the suit on the ground that their ancestors were recorded tenants and had constructed house on Plot No. 281 at the aforesaid village Maru and had orally purchased four decimals land in Plot No. 277 from ancestor of defendant No. 5 for a consideration of Rs. 20/ - for which the Sada sale deed dated 14.4.1945 was executed in favour of father of defendant No. 1 and others. Father of defendants 3 and 4 further conveyed four and half decimals land of Plot No. 278 for Rs. 20/ - and for that too a Sada sale deed dated 14.4.1945 was executed.
(3.) TRIAL Court dismissed the suit holding that although the plaintiffs acquired valid title on the basis of Exhibits 1, 1/A and 1/B, but since they failed to prove their possession within 12 years from the date of filing of the suit, they could not establish their subsisting title.;


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