VISHNU DEO NARAYAN, J. - (1.) THIS appeal has been directed at the instance of defendants appellant against the impugned judgment and decree dated 1.5.1990 and 11.5.1990 respectively passed in Title Appeal No. 30 of 1988 by Shri Surya Kant Mishra, 7th Additional District Judge, Palamau at Daltonganj whereby and whereunder the judgment and decree dated 26.4.1988 and 6.5.1988 respectively passed by Sub -Judge, Garhwa in Title Suit No. 11 of 1983 was set aside and the appeal filed by the plaintiffs respondent was allowed.
(2.) THE plaintiffs respondent had filed Title Suit No. 11 of 1983 on 20.01.1983 for a declaration that plot No. 496 appertaining to Khata No. 14 having an area of 71 decimals (hereinafter referred to as the suit land) situate in village Arsali Tola, Jhunri, P.S. Bhawnathpur, District Palamau is the occupancy raiyati land of the plaintiffs respondent and the defendants appellant have no interest therein and they have further sought confirmation of their possession in respect of the suit land and in the alternative for recovery of possession in respect thereof. The case of the plaintiffs respondent, in brief, is that Aliyar Chamar is the common ancestor of the plaintiffs respondent and he was recorded as occupancy raiyat of the land of Khata No. 14 situate in village Arsali in the Survey Records of Right and he died leaving behind his two sons Sheo Tahal Chamar and Ghoghan Chamar and they have Inherited the land of Khata No. 14 on the death of their father Sheo Tahal Chamar died issueless about 40 years ago leaving behind his widow Chijwa Chamain and his widow Chijwa Chamain succeeded her deceased husband in respect of his interest in the sum property Ghoghan Chamar died about 35 years ago leaving behind his three sons, namely, Ram Bilash Chamar, Budhan Chamar and plaintiff respondent No. 1 Rudi Chamar and they inherited the properties left by their father Ghoghan Chamar, Ram Bilash Chamar died issueless in the year 1955. Chijwa Chamain, the widow of Sheo Tahal Chamar died in the year 1972 and, thereafter. Budhan Chamar also died leaving behind his two sons, plaintiffs respondent No. 2 Chandrika Chamar and plaintiff respondent No. 3 Amerika Chamar and his widow plaintiff respondent No. 4 Muswa Chamain and plaintiff respondent No. 1 Rudi Chamar succeeded Chijwa Chamain on her death in respect of the properties of Khata No. 14 to the extent of their share therein. On the death of Budhan Chamar in the year 1972 his three heirs inherited the properties left by Budhan Chamar in respect of Khata No. 14. Budhan Chamar and Chijwa Chamain executed a sale deed dated 12.7.1971 (Ext. C) in respect of the suit plot in favour of the defendants appellant without obtaining the previous sanction of the Deputy Commissioner and as such the said sale deed Is void ab initio and also the said sale deed is without consideration and on the basis of the said illegal sale deed the defendants appellant started interfering in the peaceful cultivating possession of the plaintiffs respondent in respect of the suit land. It is alleged that the defendants appellant have acquired no right title and interest in the suit land and they are also not in possession over the same. It is also alleged that Chijwa Chamain and Budhan Chamar also executed a deed of cancellation on 25.11.1971 (Ext. 1) cancelling the sale deed executed by them in favour of the defendants appellant. Since a cloud has been cast on the right title and interest of the plaintiffs respondent hence he has filed the said title suit.
(3.) THE case of the defendants appellant, inter alia. Is that they have acquired a suit land by virtue of the registered sale deed dated 12.7.1971 executed by Chijwa Chamain and Budhan Chamar and they came in possession over the suit land and the said sale deed is for consideration and both the vendors as well as the vendees are the members of scheduled castes. It is alleged that there is no restriction under Section 46 of the Chotanagpur Tenancy Act in respect of the sale of any immovable property by a member of the scheduled caste to the other member of that caste being the resident of the same police station and on the basis of the declared policy of the State of Bihar all the sale deeds by member of the scheduled caste in favour of the members of the scheduled caste at the relevant period is legal and valid and the defendants appellant are in coming over the possession of the suit land since then.;