VISHNUDEO NARAYAN, J. - (1.) THIS appeal at the instance of the plaintiffs -appellant stands directed against the impugned judgment and decree dated 13.2.1989 and 23.2.1989 respectively passed in Money Appeal No. 1 of 1986 by Shri Uma Shankar, 1st Additional District Judge, Hazaribagh whereby and whereunder the Judgment and decree dated 29.3.1986 and 17.4.1986 passed in Money Suit No. 10 of 1984 by Munsif, Hazaribagh was affirmed and the appeal was dismissed.
(2.) THE plaintiffs -appellant had filed the said money suit for realisation of Rs. 1963.75 paisa along with interest @ 12% per annum from the defendants -respondent. The case of the plaintiffs -appellant, in brief, is that Plot Nos. 344, 349 and 406 having an area of 10 decimals, 48 decimals and 47 decimals respectively appertaining to khata No. 41 detailed in Schedule - -A of the plaint was recorded in the name of Lakhi Mahto in the Survey Records of Right and his son, namely, Moti Mahto inherited the said land after the death of the said recorded tenant and he sold the said land in favour of one Prasadi Modi by virtue of sale deed dated 25,9.1943. The said Prasadi Modi died issueless and his brothers, namely, Mathura Ram Modi and Moti Ram Modi succeeded the said land and they sold the said land in favour of the plaintiff -appellant Chameli Devi vide sale deed dated 13.2.1970 and she came in possession over the said land and got her name mutated and paid rent to the State. The plaintiff -appellant Chameli Devi sold half of the said land detailed in Schedule -A of the plaint in favour of the plaintiff -appellant Ajay Modi and Dhirendra Modi, both sons of Kishori Modi vide sale deed dated 15.12.1980 and they came in possession over the said land along with Chameli Devi and they were also mutated in respect thereof 18 decimals of land out of plot No. 349 was acquired vide L.A. Case No 14 of 1978 -79 and Notification dated 29.12.1979 under Section 4 of the Land Acquisition Act (hereinafter referred to as the said Act) was published in the District Gazette on 1.1.1980 and the award was prepared in the name of the defendant -respondent Nos. 1 to 3 who are the sons of Moti Mahto aforesaid for Rs. 1293.75 paisa and the amount of compensation was received by them on or about 12.9.1981. It is alleged that the defendants -respondent Nos. 1 to 3 had no right, title, interest or possession over 18 decimals of land aforesaid and they were not at all entitled to receive the said compensation and they have surreptitiously received the said amount of compensation in league with the Land Acquisition Authorities and inspite of legal notice sent to them by registered post they did not refund the same amount to the plaintiffs -appellant.
(3.) THE case of the defendants -respondent Nos. 1 to 3, inter alia, is that the land of khata No. 41 stands recorded in the name of their ancestor in the Survey Records of Right and they have right, title, interest and possession thereon and 18 decimals out of plot No. 349 was acquired vide IA Case No. 14 of 1978 -79 and possession in respect thereof was delivered to the CCL and these defendants are in possession over the rest of the land of khata No. 41 and the sale deed dated 25.9.1943 and 13.2.1970 are fictitious sale deeds without consideration and these sale deeds were never acted upon and thus defendants -respondent are still in exclusive cultivating possession of the land of khata No. 41 and the plaintiffs -appellant have never acquitted any right, title and interest in the said land and they are also not in possession over the same. It is further alleged that defendant -appellant Chameli Devi had no right and title and the sale deed dated 15.12.1980 has been created in favour of the plaintiff -appellant Nos. 1 and 2 to make out a case for claiming the compensation amount and the said sale deed is without consideration and has seen in the light of the day after the issuance of the notification under Section 4 of the said Act. The further case of these defendants -respondent is that after proper enquiry and investigation and with the knowledge of the plaintiffs -appellant and their alleged vendors the amount of compensation has been rightly paid to these defendants -respondent.;