MAHESH PRASAD Vs. RAMBAHADUR

JUDGEMENT

(1.) This appeal is by defendants No. 1, 2 and 5, which was admitted on following substantial questions of law:--

(2.) The defendants No. 1 and 2 filed the written statement in which inter alia it was pointed out that Ramsajivan in the year 1946 had sold his share in the suit land to Bhagwatdeen for a consideration of Rs. 85/- vide Ex. D/1 and since men, Bhagwatdeen is in possession of the suit land as owner thereof. It was further pleaded that in the year 1966, defendants No. 1 and 2 sold the land admeasuring 1.29 acres to one Rajkishore and the order of mutation dated 4-11-1970 has been passed with the consent of the plaintiff. Alternatively, the plea of acquisition of title by adverse possession was also taken in the written statement.

(3.) The trial Court vide judgment and decree dated 12-3-1998 inter alia held that execution of sale deed Ex. D/1 has not been proved as neither the scribe nor any person conversant with the signature of the witnesses to the sale deed has been examined by defendants No. 1 and 2. It was further held that since 1947 till 1985, the sale deed (Ex. D/1) did not see the light of the day and was produced for the first time in the year 1985. It was also held that if any document was executed in the year 1946 for a consideration of more than Rs. 25/-, the same required registration in view of Rewa Registration Act, 1917 and since Ex. D/1 i.e. the sale deed is unregistered, therefore, the same was excluded from consideration. The trial Court further held that plaintiff and defendants No. 1 and 2 were in joint cultivating possession, therefore, the plea of acquisition of title by adverse possession cannot be accepted. The aforesaid decree has been affirmed in appeal.