BHUKHALU RAI Vs. PATNA JASUIT SOCIETY

JUDGEMENT

(1.) THE plaintiffs have filed this first appeal against the impugned judgment and decree dated 23.9.1978 passed by Sri Bishwadeo Narain Singh the learned Additional Subordinate Judge, 9th Patna in Title Suit No. 96 of 1975/ 4 of 1977 dismissing the plaintiffs suit for declaration of title and confirmation of possession.

(2.) THE plaintiffs- appellants filed the aforesaid Title Suit No. 96 of 1975 praying for declaration of title and confirmation of possession with respect to Plot No. 3499 measuring 0.55 acres of Khata No. 1989 and plot No. 3500 measuring 0.53 acres of kahata No. 1173 in village Muzaffarpore Digha, P.S. Digha District Patna. According to their case they are the heirs of Beni Raut and Tahal Raut who died in the year 1931-32. Both of them had executed a Rehan deed on 11.4.1905 conveying both the above plots in favour of one Zanzir Bux of Bibiganj for a period of 5 years for Rs.350/-. THE said Rehan deed was redeemed in 1931 and got back the possession of the lands and continued in possession thereof. After their death the plaintiffs are continuing in possession all along. For the first time in 1959 they came to know that the defendant No.1 Patna Jesuit Society applied for mutation in the Circle Office, Sadar Patna on the basis of sale deed executed by Ahmadi Begam on 25.6.1978. THEy objected to the mutation which was rejected and then they filed appeal which was also dismissed. In 145 Cr.P.C. proceeding the possession has been declared in favour of Patna Jesuit Society defendant No.1.

(3.) AFTER trial the learned court below came to the finding that the plaintiffs have got no subsisting title. The so called endorsement on redemption made on Rehan deed is forged. The learned court below also found that the ancestors of the plaintiffs never came in possession and the plaintiffs are never in possession of the suit property. On these findings the plaintiffs suit was dismissed.