KUMARI DEVI Vs. NOOR MOHAMMAD MIAN

JUDGEMENT

(1.) This Second Appeal is directed against the judgment of the 1st Appellate Court passed on 17-7-86 in Title Appeal No. 30/83. The appellants before thisCourt were the plaintiffs in the title suit No. 21/80. They had succeeded in the title suit, but in the appeal preferred by the defendant-respondents they were unsuited and, therefore, they have filed this appeal.

(2.) The case of the plaintiff-appellants in the lower Court was that his father Chhathu Mahto died on 13-12-78. However, defendant No. 1 obtained a sale deed in favour of defendant No. 2 in the name of plaintiff's father by setting up an impostor on 11-1-79 for the suit land for an area of 1 bigha 2 katha 2 dhurs. The alleged sale deed was forged and fabricated because the plaintiff's father was already dead. So, the plaintiff-appellant filed a suit for declaration of his title and want of title of defendants. It was further pleaded by the plaintiff-appellant that he had filed a title suit No. 152/76 against defendant No. 1 in which he (plaintiff) had succeeded. Therefore, annoyed with this decision defendant No. 1, an unscrupulous person, obtained a forged sale deed allegedly executed by his (plaintiff's) father by setting up an impostor.

(3.) The case of the defendant-respondents was that plaintiff's father died not on 13-12-78 rather he died on 17-12-79 and the sale deed was validly executed by Chhathu Mahto himself and the vendee was put in possession.