WAHENGBAM NINGOL NONGMAITHEM ONGBI CHAOBI DEVI AND ORS. Vs. YUMNAM KANHAI SINGH AND ORS.

JUDGEMENT

(1.) PLAINTIFFS are the appellants in this second appeal against a confirming judgment.

(2.) THE suit land is covered by Patta No. 85/607/IW comprising CS Dag No. 4153 extending to an area of 0.05 acre located at Sega Lambi Konjeng Hazari Leikai of Sagolband Vilage, Imphal. The suit land was purchased by the defendant No. 1, Yumnam Kanhai Singh(for short Y. Kanhai Singh) and his grandson, Thingujam Maimu Singh(for short Maimu Singh), from the admitted owner Thokchom Tonubabu Singh(for short Th. Tonubabu Singh) under registered Sale Deed dated 6.3.1978. Thereafter, the said Maimu Singh purchased the eastern half of the suit land, which was the share of Y. Kanhai Singh, after dividing the suit land into two -halves from East to West, under a registered Sale Deed dated 7.8.1978. The said Maimu Singh sold the suit land to the plaintiff Nongmaithem Ongbi Chaobi Devi (for short Chaobi Devi) along with the house constructed by him on the suit land by registered Sale Deed dated 5.3.1982. Since the defendants were in possession of the suit land, the Suit was filed for recovery of possession and ejection of the defendants and their privies as well as means of profits/damages for wrongful occupation of the suit land along with the said house.

(3.) DEFENDANTS /respondents contested the Suit by filing a common written statement. According to the defendants/respondents the suit land had been purchased from Th. Tonubabu Singh by the defendant No. 1 with his grandson but in the name of Maimu Singh and Y. Kanhai Singh. Therefore, Th. Maimu Singh was a Benamidar whereas the real owner was Y. Kanhai Singh who had paid for purchasing the land. The further case of the defendants/respondents is that Y. Kanhai Singh never sold any portion of his land to any one including Maimu Singh and he had not executed any Sale Deed in respect of the suit land in favour of Maimu Singh. Therefore, Maimu Singh had no saleable right to sale any portion of the suit land to the plaintiffs. It was, therefore, pleaded that the Sale Deed executed by Maimu Singh on 5.3.1982 in favour of the plaintiffs is a forged one and without any saleable right.