- (1.) This appeal at the instance of the defendant appellant is directed against the judgment and decree dated 11.5.1988 and 24.5.1988 respectively passed in Title Appeal No.3 of 1984 by Shri Shiveshwar Narain, 1st Additional District Judge Dhanbad whereby and whereunder the judgment and decree dated 30.11.1983 and 10.12.1983 respectively passed by 1st Additional Sub Judge, Dhanbad in Title Suit No. 27/2 of 1980/82 were set aside and the appeal filed by the plaintiffs respondent was allowed and the suit of the plaintiffs respondent was decreed.
(2.) THE plaintiffs respondent have filed Title Suit No. 27 of 1980 for a declaration of his title as permanent occupancy raiyat over the suit land described in Schedule A of the plaint with a further direction that defendant appellant has acquired no title in respect of the suit property. The case of the plaintiffs respondent, in brief, is that the suit property detailed in schedule A of the plaint belonged to Gangadhar Mahto and his three brothers having 1/4th share each and his three brothers were joint in mess with Gangadhar Mahto but each of them possessed their property separately as per 1/4th share and all the brothers of Gangadhar Mahto died issueless and Gangadhar Mahto also died leaving behind his widow Sabu Mani @ Abu Mani and she came in exclusive possession of the entire family property including the suit property. The plaintiff's respondent acquired the suit property along with other lands by virtue of the registered sale deed dated 15.3.1967 executed by Sabumani aforesaid in his favour and the said sale deed is for consideration and the plaintiffs respondent came in possession of the entire land covered under the sale deed including the suit property and since then he is continuing in cultivating possession over the same. It is alleged that subsequently the defendant appellant started distributing the possession of the plaintiffs respondent on the basis of alleged sale deed dated 17.3.1979 executed by Sabumani in his favour. It is also alleged that Sabumani had no right, title or interest in the suit property to confer any title or possession over the suit land in favour of the defendant appellant by executing the sale deed dated 17.3.1979 which led to proceeding under Section 144 and other provisions of Code of Civil Procedure. The plaintiffs respondent had filed this title suit for declaration of his title in respect of the suit property in view of the fact that a cloud has been cast on his title.
(3.) THE case of the defendant appellant is that Sabumani aforesaid has never executed any sale deed in favour of the plaintiffs respondent with respect to their suit land on 15.3.1967 nor the plaintiffs respondent had ever come in possession over the same. It is also alleged that if there is any sale deed in existence in favour of the plaintiffs respondent alleged to have been executed by Sabumani then in that case the sale deed is fraudulent and a sham transaction and without consideration. The defendant appellant claimed the suit property by virtue of the registered sale deed dated 17.3.1979 executed by Sabumani in their favour and since then they are in possession over the suit property.;