RAM JATAN RAI Vs. BALIRAM SINGH

JUDGEMENT

(1.) This is a plaintiff's second appeal against a judgment of affirmance.

(2.) Undisputedly, plot No. 2930, Khata No. 439 of village Dumri in Manjhi police station of the district of Saran belonged to one Raj Kumar Rai. This plot has a small area, namely, 1 Katha 2 Dhurs. Raj Kumar had four sons namely, Ram Jatan, Sheo Jatan, the two plaintiffs, and Sheo Balak and Sheo Bahadur. It is undisputed that they were born of one Kumari alias Sheo Kumari. This Sheo Kumari undisputedly was a concubine of Raj Kumar, though the defendant alleged that subsequently she was taken by Raj Kumar as his wife. Raj Kumar died sometime in the year 1942. Prior to that, on 11th June, 1931, he gifted all his properties including the disputed plot to the two plaintiffs under a registered deed of gift (exhibit 2). The execution of this deed of gift is not in dispute but the defendants alleged that really Raj Kumar Rai wanted to execute a deed of gift not only in favour of Ram Jatan and Sheo Jatan but also in favour of Sheo Kumari, the case of the defendants further being that by practicing fraud, the two plaintiffs got omitted the name of Sheo Kumari from the deed of gift and got the deed executed only in their own names. This deed of gift was a registered document and as the plaintiffs alleged, it was valid and operative. The plaintiff claimed to have come in possession over the disputed land along with the other gifted properties by virtue of exhibit 2 and they claimed, in addition, a title to the suit plot by adverse possession as well.

(3.) The defendants alleged, inter alia that after the death of Raj Kumar Rai, there was a partition between Sheo Kumari and her sons in which partition the plot in suit fell into her exclusive share and she came in possession. This Sheo Kumari sold the suit plot to the defendants under a registered sale deed dated 27th January, 1954. The defendants came in possession thereof, got their names mutated and they further claimed to have acquired title to the disputed land by adverse possession.