BEYAS SINGH Vs. RAMJANAM AHIR

JUDGEMENT

(1.) This appeal by the first three defendants arises out of a suit for declaration of title to, and confirmation of possession, or, in the alternative, recovery pf possession, over 3.28 acres of land under plot No. 1279 of village Rehian.

(2.) The admitted facts of the case are as follows. Khaderu Singh was the karta of a joint Hindu family. Dularo Kuer was his wife, and Mst. Rajbansi Kuer, defendant No. 6, was his daughter-in-law. The appellant or their ancestors were coparceners of the family. The disputed land was recorded in the survey records under khata No. 322 in the names of Bodhan and Mahabir, sons of Ajablal (who will henceforth be referred to as the Lalas). It was also recorded under shikmi khata No. 9 in the names of Khaderu and his brothers as shikmidars. On 21-5-1929, and 12-1-1930, the Lalas executed two sale deeds (Exs. 1(d) and 1(f)) in respect of the disputed land in favour of Raj-bansi Kuer. In 1944, Dularo Kuer instituted Title Suit No. 61 of 1944/10 of 1946 against the appellants for partition of the joint family properties by metes and bounds. One of the questions which the present appellants raised in that suit was that the land in dispute in this case was that of a joint family property. Issue No. 3 was struck in that connection, and the finding of the Addl. Subordinate Judge, who tried that suit, was that the land was joint family property. A certified copy of the judgment, dated 27-4-1946, is Ex. C.

(3.) It is also common ground that Rajbansi executed three sale deeds (Exs. 1, l(a) and 1 (b)) on the 4th February, 1947, in respect of the disputed land in favour of the plaintiffs for a total consideration of Rs. 3,700/-. The endorsements of the Sub Registrar on these three documents show that the consideration moneys for execution of the three sale deeds were paid in his presence.