SAMPATI DEVI, MADAN SAH, HARILAL SAH, VINOD SAH, JANKI DEVI Vs. RAJENDRA SHUKLA, CHINTA MANI PRASAD, MANGAL SAH

JUDGEMENT

(1.) Heard Mr. S.S.Dwivedi, the learned senior counsel for the appellants and Mr. Ramakant Sharma, the learned senior counsel for the respondents.

(2.) This appeal has been filed by the defendant-appellant against the judgment and decree dated 21.05.2009 passed by Additional District Judge IV, West Champaran, Bettiah in T.A.No. 18/99 affirming the judgment and decree dated 22.04.99 passed by Munsif, Bettiah(West Champaran) in T.S.No. 17/86. The parties hereinafter shall be referred to by their position held by them in the suit.

(3.) The plaintiff has filed the suit for declaration of title and recovery of possession over the suit land described in Schedule III of the plaint and has further prayed for permanent injunction against the defendants restraining them from interfering in possession of the plaintiff over the suit land. The necessitous facts of the case of the plaintiff are that Budhan Rout was the admitted owner of an area of 21 dhurs of land in Plot No. 836, part of which is the subject matter of dispute in the suit. The said Budhan Rout died leaving behind two sons namely Jimedar Rout and Gajari Rout and a daughter Samrajiya Devi. Budhan Rout sold 8 dhurs of his land in plot no. 836 by a registered sale deed dated 22.12.1942 in favour of Sarwan Sah who was the father of the original defendant no.1, Chuni Sah(now deceased through L.R.).After the death of Budhan Rout, his son Gajari Rout by two sale deeds of the year 1977 sold altogether 2 1/2 dhur of Plot No.836 to the original defendant no.1 and similarly his another son Jimedar Rout also by a sale deed of the year 1982 sold one dhur to the original defendant no.1 and in this manner the original defendant no.1 acquired right and title over total 11 1/2 dhur out of 21 dhur of plot no. 836. Jimedar Rout by registered gift deed dated 16.08.82 transferred 7 dhur of plot no. 836 to his brother-in-law Dhani Dayal , husband of Samrajiya Devi. After the death of Gajari Rout and Jimedar Rout, their sister Samrajiya Devi became entitled to the remaining land of Plot No. 836. The plaintiff has based his title over the suit land on the basis of the sale deed dated 16.08.83 by which Dhani Dayal and Samrajiya Devi sold 8 1/2 dhur of land of plot no.836 out of which, he has alleged that he left 6 dhur of land for use as Sahan and Garden after constructing his house over two dhur of land which has been encroached by the defendants by dispossessing him.