BIBI SAHIFA KHATOON Vs. BIBI KULSUM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of affirmance passed in Title Appeal No. 9 of 1992 by the 2nd Additional District Judge, Nalanda, Biharsharif.

(2.) IT is not in dispute that Wahid Ali had two sons, namely, Karim @ Kariman and Nayeem. Kariman had two wives and from the first wife he got three sons, Abdul Halim, Abdul Latif @ Chhedi Mian and Subhan and from the second wife, two sons and one daughter, namely, Salim @ Natwar, Md. Kalim @ Bahadur and Bibi Hesharan. According to the plaintiff, Nayeem Mian had sold the suit land to the father of the original plaintiff Latif Mian and shifted to Biharsharif and permanently left village home in 1921. Their further case is that Nayeem Mian died issueless and his wife also died issueless and defendant appellants are not sons of Nayeem Mian rather they are sons of Sultan Mian and always tried to disturb the plaintiff, somuch so that though their carries find place in survey record of rights the defendant 2nd set cunningly sold the land of the plaintiff in the hand of defendant 1st set and defendant 1st set started disturbing the plaintiff -respondent, which resulted in filing of the suit seeking declaration that the sale deed executed by defendant 2nd set is fabricated, non -effective and that the defendants have not acquired any right, title by the said collusive deed. Further prayer in the suit was that if the plaintiffs are dispossessed from the disputed land during the pendency of the suit their possession may be restored.

(3.) THE parties led evidence and after full discussions of the evidence the trial court decreed the suit and the lower appellate court has affirmed it by the impugned judgment.