DILSHER MIAN ALIAS DIL MOHAMMAD Vs. MANAGER

JUDGEMENT

(1.) THIS second appeal is directed against the judgment of the first appellate Court passed by Sri Prem Narayan Shukla, Sub -ordinate Judge, Gopalganj in Title Appeal No. 197 of 1976. The plaintiff before this Court had filed title Suit No. 244 of 1966 which was dismissed by the 2nd Additional Munsif, Gopalganj by a judgment dated 12th July, 1976. Then the plaintiff filed the aforesaid appeal which was partly allowed and partly dismissed. Hence, this second appeal.

(2.) THE matrix of the case of the plaintiff -appellant before the trial Court was that he was one of descendants of one Nayak Mian who left behind two sons Jhapas Mian and Moharram Mian. Moharram Mian died in the life time of his father. So on the death of Nayak, Jhapas alone inherited the property of Nayak and Nakchhed got nothing. Jhapas Mian left behind Ali Sher and Dil Mohammad who came in possession of their fathers property. Ali Sher died leaving behind his wife Khatijan and his brother Dil Mohammad and his son Phool Mohammad. Ali Sher had gifted his property to his wife Khatijan (defendant No. 4) and Phool Mohammad (plaintiff No. 2) who came in possession of the entire property of Ali Sher. One Mohidan, defendant No. 1 (wife of late Nakchhed) had no title or interest in the suit property, but she executed Jarpeshgi of the suit property in favour of defendant Nos. 2 and 3, but the latter did not come in possession of the suit land. They, however, destroyed the maize crop over plot No. 129 and threatened to dispossess the plaintiff from the suit land.

(3.) THE case of the defendant -respondents was that Jhapas was not the son of Nayak Mian nor he inherited his property. It was denied that Moharram died in the life time of Nayak Mian. It was pleaded further that Nayak Mian had left behind a daughter Jokhani and his son Moharram who inherited his entire property. It was still further pleaded by different respondents that Nakchhed had executed a sale -deed in lieu of dower debt of Rs. 700 (seven hundred) in favour of his wife Mohidan over plot No. 730, 845, 387 and some other lands. It was further denied that Plot No. 129. was ever in possession of the plaintiff. It was rather asserted that this plot was in possession of defendant No. 1. She executed sale -deed over this plot on 15th December, 1965 in favour of defendant Nos. 2 and 3. It was averred by the respondents that Jhapas was the son of Bhaglu Mian and his wife Chirai came to live with Nayak Mian with whom she remarried. So the entire property of Nayak was inherited by his daughter Jokhani and Moharram and then Nakchhed and Jokhani. Subsequently, Jokhani died leaving behind Raj Mohammad and Mohidan (defendant No. 1). By a family arrangement between Mohidan and Raj Mohammad, plot No. 129 came in possession of defendant No. 1.