MANHAK KHATIK Vs. KHEDAN KHATIK

JUDGEMENT

(1.) THE defendants are the appellants in this second appeal. The suit in question had been filed on behalf of the plain -tiffs respondents for declaration of their title over plot No 4 measuring 13 decimals of village chanda in the then district of Shahabad and for confirmation of possession in alternative for recovery of possession of the said suit land if they are found to have been dispossessed.

(2.) IT is an admitted position that the land in question had been recorded . in the name, of Sheo Sotnaru and Katwaru. Who were the ancestors of the plaintiffs. According to their case after partition in the family and death of some of the members this plot of land came in possession of Katwaru who was father of plaintiffs 1 to 4 and they have remained in possession thereof throughout. It is further their case that defendants appellants purchased the aforesaid land under a registered sale deed dated 3 -2 -1960 in favour of defendant No. 2 from the ex -intermediary who had no right title or in erest in the land in question which he could have conveyed to the defendants.

(3.) THE learned Munsif, on consideration of the ancestor of the plaintiffs and they have title over the same. He further held that the case of the defendants regarding surrender by the recorded tenants in favour of the landlord was incorrect as such. The then learned could not have come in possession thereof so that after vesting of the estate, the ex -intermediary could have transferred by the aforesaid sale -deed dated 3 -2 -1960 in favour of the defendants. On that finding he decreed the suit of the plaintiffs. It may be mentioned that the trial Court was of the opinion that on the basis of the sale -deed dated 3 -2 -1960. The defendants had dispossessed the plaintiffs but as the suit had been filed within 12 years from the date of the said dispossession, the plaintiffs were entitled for recovery of possession thereof.