M.Y.EQBAL, J. - (1.) THIS appeal by the defendants -appellants under Clause 10 of the Letters Patent is directed against the judgment dated 16.10.2001* passed in First Appeal No. 112 of 1986(R) whereby the learned Single Judge allowed the appeal and set aside the judgment and decree passed by the Subordinate Judge, Hazaribagh in Title Suit No. 3 of 1980.
(2.) THE plaintiffs -respondents filed the aforementioned Title Suit No. 3 of 1980 against the defendants -appellants for declaration of title and confirmation of possession and in the alternative, for recovery of possession of the suit lands bearing Khata Nos. 20, 21 and 22 of Village - Bardewa, P.S. -Barhi, District -Hazaribagh. The plaintiffs' case inter alia is that one Barkhataur Singh was the common ancestor of the parties who had two sons - Bhikhari Singh and Narain Singh. Bhikhari Singh died leaving behind five sons, namely Chohan Singh, Chinu Singh, Gopal Singh, Jaggu Singh and Jitu Singh. Narain Singh had a son -Mithu Singh who had two sons namely Nirpu Singh and Tejo Singh and a daughter who was married with one Rupu Singh. Tejo Singh died issueless. Nirpu Singh had three daughters, namely Khemni, Sibia and Rukni. Admittedly, the plaintiffs and defendants are the descendants of Bhikhari Singh. Defendant Nos. 3 to 5 are the sons of Lalu Singh. Admittedly the suit land comprised within Khata No. 20 was recorded in the name of Nirpu Singh whereas land of Khata No. 21 was jointly recorded in the name of Nirpu Singh and Tejo Singh. So far land of Khata No. 22 is concerned, it was recorded in the name of Nirpu Singh and Tejo Singh having one share and, Bhawani Singh, son of Gyan Singh having one share. The plaintiffs' case is that Most. Sibia, daughter of Nirpu Singh, sold Schedule -B properties to the plaintiffs and after purchasing the said suit land, the plaintiffs tiffs applied for mutation before the Anchal Adhikari. But because of the objection raised, the Anchal Adhikari directed the parties to get their disputes settled through Civil Court, The plaintiffs -respondents pleaded that after Tejo Singh died issueless, Nirpu Singh became the sole owner of the suit land. He had three daughters. One of the daughters, Khemni, predeceased him and the second daughter Rukni also died. After their death, Sibia acquired absolute title and possession over the suit land from whom the plaintiffs purchased the suit land by registered sale deed dated 23.10.1967.
(3.) THE defendants' case, on the other hand, is that the sister's son of Nirpu Singh, namely Lalu Singh, was looking after Nirpu Singh during his old age and was living with him. The nearest agnates of Nirpu Singh namely, Guardu Singh, Ambo Singh and.Tahal Singh were also looking after him and his properties. According to the defendants, Nirpu Singh before his death divided the suit land amongst his three agnates and sister's son Lalu Singh. Defendants' further case is that Lalu Singh got 1/4th share in the properties of Nirpu Singh, which was given to him by way of oral gift. The defendants therefore made out a case that since Nirpu Singh had parted with his properties during his lifetime, nothing remained to be inherited by his daughter Sibia. Consequently, Sibia had no right to transfer the suit properties in favour of the plaintiffs. The defendants further made out a case that they have been coming in uninterrupted and peaceful possession of the suit land to the knowledge of Nirpu Singh and his daughter Sibia openly and adversely and thereby perfected their title by adverse possession. ;