GHUGHUNI DEVI Vs. SURAJ SINGH

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 28th September, 1985 and 12th October, 1985 respectively passed by Sri M.M. Verma, 5th Additional District Judge, Siwan, passed in Title Appeal No. 112/23 of 1980/1985. The first appellate Court confirmed the judgment and decree dated 29th September, 1980 and 13th October, 1980 respectively passed by Munsif -I, Siwan, in Title Suit No. 441 of 1969. The plaintiffs of that suit are the appellants herein.

(2.) The admitted facts from the pleadings of the parties are to the effect that there was one Mahesh Barhai who left behind two sons Huias and Lakhan who were recorded in the Survey as tenants. The suit land came to be owned and possessed by Phuleshwari Devi, widow of Lakhan Barhai. To this extent, the parties in the Court below were in agreement. However, the plaintiff -appellant's case in the Court below was that Phuleshwari sold the suit land to one Bishundeo Sharma of village Badsandi by registered sale -deed dated 21st April, 1951 for a consideration of Rs. 1,000/ -(one thousand only). Subsequently, the plaintiffs purchased the suit land by two separate sale -deeds dated 29th July, 1968 for the total consideration of Rs. 4,000/ -(four thousand) from the wife and sons of Bishundeo Sharma. The plaintiffs came in possession of suit land. However, the defendants in order to grab the suit land, got a proceeding under Section 144 Cr. P.C. initiated and the S.D.M., Siwan decided this proceeding in favour of the defendant -respondents. Then, the suit was filed for declaration of title of plaintiff -appellants and for confirmation of their possession and, in the alternative, for recovery of possession.

(3.) The defendants' case was that they had purchased the suit land in the name of Bishundeo Sharma who was their servant, they paid the consideration money and took out the sale -deed from the Registration Office and came in possession of the suit land and remained and continued in possession thereof throughout. The sale -deed executed by the wife of Bishundeo Sharma and his sons in favour of plaintiffs was invalid and the plaintiffs never came in possession thereof. The proceedings under Section 144 Cr. P.C. was rightly decided in their favour.