BASUNDHARA DEVI Vs. RAM CHANDRA JHA

JUDGEMENT

(1.) This appeal is directed against the judgment of affirmance passed in Title Appeal No. 2/96 by the 2nd Additional District Judge, Begusarai.

(2.) The defendants are the appellants. Plaintiffs filed suit for declaration of title over the suit land measuring 8 dhurs of S.P. No. 3747 and for decree of injunction restraining the defendant appellants and also respondent 2nd party from disturbing peaceful possession over the said land.

(3.) The case of plaintiff-respondent No. 1 is that he purchased the suit land from the Tek Narain Jha and his son Dev Narain Jha, who are legal heirs of Uma Mishrain, the recorded tenant by virtue of registered sale deed dated 28.5.1981 for a consideration of Rs.2,000/-. His further case is that the husband of Uma Mishrain, Ishwari Jha had three brothers, namely, Parmeshwari Jha, Hanumani Jha and Bhawani Jha, out of them except Bhawani Jha all died issueless and he is purchaser of the suit land from the branch of Bhawani Jha, and that Thakkar Jha from whom defendants purchased 16 dhurs of the said plot on 11.7.1984 by a registered sale deed has/had no concern with the family of Uma Mishrain and did not confer any title to the defendants. The cause of action for filing the suit arose when the defendants threatened the plaintiff to dispossess him from the plot in question. Defendants filed written statement denying completely the plaintiff's story. The defendants stated that Uma Misharain died leaving behind a daughter Parbati Devi, married with Krishnan Lal Jha who had a brother Raghunandan Jha. Thakkar Jha, who is grandson of Raghunandan Jha, is the only decedant. Admittedly title suit No. 61 of 1985 was earlier filed by the defendant-appellants against the plaintiff respondents in which Pleader Commissioner was appointed, who has been examined in the present suit as P.W.8. His evidence together with his report (Exhibit -4) indicates that after inspection he found possession of the plaintiff-Respondent 1st party over the suit land. Besides this, other witnesses have also been examined on behalf of the. plaintiff and documentary evidence have also been produced. On consideration of which both the courts have come to the conclusion that the plaintiff has brought satisfactory and convincing evidence on record to indicate that Ishwari Jha, Hanumani Jha. Bhawani Jha and Barmeshwari Jha were full brothers and after the death of Uma Mishrain the suit land was possessed by the sons of Bhawani Jha and the plaintiff purchased it from Tek Narain Jha, one of the legal heirs of Uma Mishrain. As per the defendant-appellants they purchased the entire 16 dhurs of plot No. 3747 from Thakkar Jha by registered sale deed dated 11-7-1984 which has been brought on record as Exhibit-A. The lower appellate court on consideration of the same has found that the recital made in Exhibit-A indicates that Uma Mishrain and Parbati Devi was one and the same lady and has, thus, disbelieved the case of defendant- appellants that Uma Mishrain had a daughter Parbati Devi.