D.N.UPADHYAY, J. - (1.) THIS appeal has been preferred against the judgment and decree dated 4th August, 2005 passed by 1st Additional District Judge, Pakur in connection with Title Appeal No.3 of 2004, whereby judgment dated 12th December, 2003 and decree dated 22nd December, 2003, passed and signed by Sub JudgeI, Pakur in connection with Title Suit No.21 of 1984 has been upheld.
(2.) PLAINTIFFFAZAL Sheikh was the appellant in the present appeal, who has been substituted by his legal heirs and successors by order dated 11th July, 2011.
(3.) THE case of the plaintiff, in brief, is that by virtue of registered sale deed (Deed No.3030 dated 5th October, 1978) executed by original Defendant No.4Ashutosh Singh, the plaintiff purchased suit property, area measuring 7 Kathas 7 Dhures out of Plot No.460 (eastern side) and 01 Bigha 11 Dhures out of Plot No.464/1178 . In due course, some litigation cropped up between the parties. The plaintiff realized inadvertent mistake occurred in the sale deed and, therefore, a deed of rectification dated 30th April, 1984 was again executed by original Defendant No.4 in favour of the plaintiff. It is further averred in the plaint that Radha Pyari Devi, mother of Defendant No.4 was having right, title, interest and possession over the suit property as also against other properties falling within other villages t o that vicinity. Radha Pyari Devi was having two sons, namely, Keshav Prasad Singh and Ashutosh Singh. Since Keshav Prasad Singh died, another brotherAshutosh Singh had inherited the property and acquired absolute right, title, interest and possession over the same. It is further contended that Defendant No.4 had sold the property fallen in his share to the plaintiff for valuable consideration and executed valid sale deed and also put the plaintiff in possession over the suit property. The case of the respondent/contesting defendant first party is that the suit property, pertaining to 7 Kathas and 7 Dhurs out of Plot no.460 was purchased by their fatherSurendra Nath Mandal from original raiyatRadha Pyari Devi for a consideration amount of Rs.98/. Since the value of the land was below Rs.100/, it was not necessary to get the sale deed registered. They have further made out a case that since 195960 they have been in cultivating possession over the suit property. So far the land, area measuring one Bigha 11 Dhures, pertaining to Plot No.464/1178, is concerned, it was purchased by the defendants by virtue of a sale deed registered in the year 1964 (Ext. A/2) and since then they have been exercising their rightful title, interest and possession. Further case of the contesting defendant in the court below is that Ashutosh Singh had not inherited the entire property of Radha Pyari Devi because she was having two sons and six daughters. Her deceased sonKeshav Prasad Singh had left behind his widow and three sons. The plaintiff has not brought on record any partition held between the legal heirs of Radha Pyari Devi after her death. It is also not disclosed in the plaint as to how and when and by virtue of what document Ashutosh Singh had acquired the suit property alleged to have fallen in his share.;