ARJUN BANCHHOR Vs. BUCHI BANCHHOR

JUDGEMENT

(1.) Defendant No. 2 is the appellant against the confirming judgment in a suit for declaration of title and for recovery of possession filed by respondents 4 to 4 (b).

(2.) Case of the plaintiffs (respondents 4 to 4(b)) is that one Birju Banchhor (since dead) and defendant No. 1 were brothers who partitioned their joint family properties and the suit land besides other lands fell to the share of defendant No. 1 who had been possessing the suit land in his own right till he sold it away to plaintiff No. 1 by means of a registered sale deed dated 1-4-2-1969 on receipt of full consideration. The vendee plaintiff No. 1 took delivery of possession of the suit land from the vendor. Defendant No. 2 claiming to be the adopted son of defendant No. 1 caused disturbance for which a proceeding under Section 145, Cr. P. C. was initiated which terminated in favour of the said defendant No. 2. According to the plaintiffs defendant No. 1 never adopted defendant No. 2 and since the decision of the proceeding under Section 145, Cr. P. C. brought clouds on the plaintiff's right, title and interest, the suit was filed for the aforesaid reliefs.

(3.) Defendant No. 1 in his written statement supported the case of the plaintiffs. Defendant No. 2 claimed that there was no partition between Dirju and defendant No. 1 by metes and bounds and the suit land is the joint family property of defendant No. 1 and the heirs of Dirju and as such he (defendant No. 1) could not have sold away the suit land. He claimed that he was taken in adoption by defendant No. 1 when he was a child and after the adoption defendant No. 1 subsequently executed a surrender deed relinquishing all his rights in the suit land. According to defendant No. 2 he has been in possession of the suit land in his own right and title to the exclusion of defendant No.1.