JAI PRAKASH Vs. RAJ KUMAR PRASAD

JUDGEMENT

(1.) The original plaintiff, Kesho Sao had filed this First Appeal against the judgment and decree dated 16.04.1981 passed by Sri Anand Kumar Verma, the learned Additional Subordinate Judge II, Munger in Title Suit No. 14 of 1973/19 of 1980 dismissing the plaintiffs suit. The original plaintiff-appellant, Kesho Sao died during the pendency of the appeal and his legal representatives, Jai Prakash and others have been substituted.

(2.) The plaintiff filed the aforesaid title suit for declaration of title and for declaration that the defendants have got no right, title or interest on the suit land and they have got no right to continue in occupation thereof. The plaintiff also prayed for decree for eviction of the defendants and also prayed that the defendants may be directed to give vacant possession of the suit land to the plaintiff. The plaintiff also prayed for arrears of rent and damages.

(3.) The plaintiff prayed for the aforesaid relieves on the facts that the suit land described in Scheduled-1 of the plaint was under the jamindari of Late Nawab Abdul Wahab Khan. Sheikh Abdul Sattar, Sheikh Abdul Hai and Sheikh Abdul Haque, sons of Sheikh Shafaitullah were the tenants in occupation thereof. After the death of landlord, Nawab Abdul Wahab Khan, his widow, sons and daughters succeeded to the jamindari right of Scheduled-1 property. In Money Suit No. 154 of 1947, a decree was obtained against the tenants and in execution of the said decree i.e. Execution Case No. 191 of 1948, the suit property was auction purchased by the heirs of Nawab Abdul Wahab Khan. The sale certificate dated 11.08.1949 was issued. Delivery of possession was obtained by the auction purchasers on 19.11.1949 and thereafter, the auction purchasers came in Khas possession of the property. In 1951, there was partition amongst the heirs and the suit property exclusively fell in the share of Masomat Bibi Maimuna Sultana Begum, who came in possession. The suit land was a vacant piece of land. She let out the suit land to one Raghunandan Prasad Singh, who used to hold a coal depot. In 1963, one Mithoo Ram took the suit land on rent and he continued to be tenant till April, 1970. Thereafter, the defendants, first party approached Bibi Maimuna Sultana Begum, who inducted them as tenant on monthly rent of Rs.30 only. A written agreement was entered into between Raj Kumar Prasad and Bibi Maimuna Sultana Begum through her brother and Mokhtar- Am Nawabzada Shahabuddin Ahmad Khan on 01.08.1970. The defendant no. 2 signed as witness in the said deed. Only western half portion was let out to the defendants, first party and the eastern half portion was lying vacant. In course of time, the defendants, first party with the permission of Bibi Maimuna Sultana Begum occupied the eastern half portion also for the purpose of coal depot.