KRANTI DEVI Vs. OM BAHADUR JHA

JUDGEMENT

(1.) The original plaintiff, Lakshmi Narain Aarya who died during the pendency of this appeal and substituted by legal representatives had filed this First Appeal against the judgment and decree dated 22.12.1978 passed by the learned Subordinate Judge, Khagaria in Title Suit No.94 of 1975/33 of 1977 whereby the plaintiff s suit was dismissed.

(2.) The plaintiff filed the aforesaid suit praying for declaration of title and recovery of possession with respect to Schedule I property i.e. 1 bigha 15 katthas 5 dhurs land out of plot no.499, khata no.320 of village Mathurapur. According to the plaintiff, plot no.70 and plot no.499 measuring 4 acres 34 decimals and 2 acres 63 decimals respectively were recorded under khata no.380, tauji no.3719 in the name of Janki Prasad Singh as bataidar with occupancy right within the zamindari of Raj Bainaili and Mungeri Sah was recorded as tenure holder. Said bataidar, Janki Prasad Singh orally surrendered the said lands to the tenure holder, Mungeri Sah who came in possession thereof. Mungeri Sah died leaving behind his two sons, Jugal Behari Sah and Ram Sahay Sah. Jugal Behari Sah died leaving behind two sons, Bhagwan Das and Anandi Prasad Sah and likewise, Ram Sahay Sah also died leaving a son, Kishun Sah. In Partition Suit No.620 of 1910 between the aforesaid legal heirs of Mungeri Sah, plot no.499 was allotted in the share of Bhagwan Das and plot no.70 was allotted to Anandi Sah and Ram Sahay Sah and accordingly, they came in possession of the lands allotted in their share. They also dealt with the lands according to their need. The legal heirs of Bhagwan Das namely Pratap Chand Sah sold suit plot no.499 to Girja Devi wife of Kishun Sah by a registered sale deed dated 28.07.1934 for a consideration of Rs.1300. Girja Devi came in possession of the land and her name was mutated in the serista of Raj Bainaili and she was paying rent. After vesting, her name was mutated and jamabandi was opened in her name. The plaintiff specifically stated that Janki Prasad Singh executed a deed of dedication in respect of his entire properties in the name of Sri 108 Sri Thakur Ramjanki Ji Maharaj established by him in village Mathurapur.

(3.) The further case of the plaintiff is that Girja Devi had 4 sons and in private partition in the year 1956 between the sons, the plot no.499 was allotted to Laddu Lal and Satya Narain Prasad the two sons who came in exclusive possession thereof. Both of them when desired to sell plot no.499, the plaintiff and defendant 1 st party negotiated and plaintiff purchased 1 bigha 15 katthas 5 dhurs which is described in Schedule I of the plaint for consideration of Rs.2,000 through a registered sale deed on 18.08.1962. Likewise, defendant 1 st party purchased the Schedule II property out of the said plot in the name of his mother-in-law, defendant no.3, Genda Devi on 17.08.1962. Thereafter, the property was measured and a ridge was made between the Schedule I and Schedule II property. However, subsequently, at the instance of the defendant 2 nd party, a proceeding under Section 144 was initiated which was converted to 145 Cr.P.C. proceeding which was decided against the plaintiff. Thereafter, defendant 1 st party and defendant 2 nd party dispossessed the plaintiff from the suit land on 15.11.1963. Hence, the suit was filed.