MD HANIF AHMAD Vs. BIBI FATMA

JUDGEMENT

(1.) THE plaintiff-appellant-appellant has filed this Second Appeal against the judgment and decree dated 19.05.1990 passed by 1st A.D.J., Bhagalpur in Title Appeal No.59 of 1986 dismissing the appeal and thereby confirming the trial court judgment dated 30.08.1986 passed by 3rd Additional Sub Judge, Bhagalpur in Title Suit No.114 of 1978 whereby the plaintiff's suit was dismissed.

(2.) THE plaintiff filed the aforesaid suit for declaration of his right, title and interest with respect to suit land measuring 30 decimals in Mauja Puraini more fully described in Schedule I of the plaint. According to the plaintiff, the suit land belonged to Md. Abdul Basit who was also the ex-landlord and after vesting, the said Abdul Basit became the Raiyat and regularly paid rent to the State. He died in 1973 leaving behind one sister, Bibi Rokaiya Khatoon who came in possession and sold the same on 30.12.1974 to the plaintiff. However, the defendant got her name recorded in the khatiyan finally published on 24.11.1970 with respect to suit land.

(3.) ON the date of admission i.e. on 05.11.1992, the following substantial questions of law were formulated: