GURUSHARAN SHARMA,J. - (1.) PLAINTIFFS are appellants, who have lost their suit in the trial Court.
(2.) TITLE Suit No. 127 of 1970 was filed for declaration of title and confirmation of possession over the suit land, described in Schedule D to the plaint and for permanent injunction restraining defendants from interfering with their possession over the same. According to plaintiffs, their ancestor. Jitnarain Singh left behind two sons. Gajadhar Singh and Nepal Singh. Gajadhar Singh died leaving behind two sons, Laru Singh and Bhakta Singh. Laru Singh died issueless. Bhakta Singh had a son. Lachhmi Singh. Plaintiffs 1 to 3 were sons of Lachhmi Singh and plaintiff No. 4 was his widow. Nepal Singh had a son Shibu Singh. Shamu Singh was son of Shibu Singh, who left behind two sons, Chepa @ Chamtu Singh and Etwari Singh. Chamtu Singh died issueless in 1931. Etwari Singh also died unmarried in 1935. After death of Etwari Singh, interest of both sons of Shamu Singh devolved upon Lachhmi Singh, who was the only surviving male member amongst the descendants of Jitnarain Singh. He sold some lands to Budhu Mahto and Beni Mahto and died in the year 1935. All of a sudden on 3.7.1970, defendant No. 1 along with his men tried to erect boundary wall in portion of Schedule D lands on the ground that he had purchased the same from defendant No. 2, to which the plaintiffs protested.
(3.) ON enquiry plaintiffs came to know that a woman named Dulali Debya claiming herself to be widow of Etwari Singh had executed a sale deed on 5.12.1945 in favour of defendant No. 2 in respect of lands of Khata No. 40, measuring 5.72 acres situated in Mauza Susunlewa, which stood recorded in the name of Shamu Singh.;