AFAJAL ALI Vs. AMRUDDIN ANSARI

JUDGEMENT

(1.) This second appeal preferred by the plaintiffs / appellants was admitted for hearing by formulating the following substantial questions of law: -

(2.) The three plaintiffs brought a suit for declaration of title and permanent injunction stating inter alia that the suit land was earlier Manwar land in the Surguja State held by the Maharaja of Surguja State and father of plaintiffs No.1 and 2 and husband of plaintiff No.3 was Gautia of Village Barwahi and in lieu of his services as Gautia, Gautiai patta was granted vide Ex.P-3 on 14-10-1944 in favour of Abdul Rajjaque and said Abdul Rajjaque, who was the father of defendants No.4 and 5, executed a Wajib Dava (Ex.P-1) on 15-10- 1952 in favour of his younger brother Rahmat Ali - father of plaintiffs No.1 and 2 and husband of plaintiff No.3 and delivered peaceful possession to them and the name of Rahmat Ali was also recorded in the revenue records, but on 19-12-1986, defendants No.1 to 3 got their names mutated in the revenue records holding that they have purchased the suit land from Mariam Bibi and defendants No.4 and 5, as such, the plaintiffs are entitled for declaration of title and the sale deed dated 19-12-1986 is ineffective.

(3.) Defendants No.1 to 3 filed their written statement and admitted the fact that the suit land was settled in favour of Abdul Rajjaque by the Maharaja Bahadur of Surguja State by way of Gautiai patta Ex.P-3, but refuted the fact of Wajib Dava / batwara dated 15-10-1952 in favour of Rahmat Ali and also disputed the possession and set up a plea that they have purchased the suit land by sale deed dated 19- 12-1986 and further pleaded the plea of res judicata pleading that Civil Suit No.37A/1996 (Rahmat Ali v. Amruddin and others) was dismissed on 26-2-1998 and appeal there-against was also dismissed on 1-7-1999.