BACHCHA SINGH Vs. SABUJ DEVI

JUDGEMENT

(1.) This Second Appeal has been preferred against the judgment and decree dtd. 2/3/2020 passed by the learned District Judge, Sheohar in Title Appeal No. 28/2010/5/2019 affirming the judgment and decree dtd. 12/3/2010 and 29/3/2010, respectively passed by the learned Subordinate Judge-3, Sitamarhi in Title Suit No. 165 of 2007 whereby the suit has been decreed.

(2.) The defendant is the appellant herein. The plaintiffs (respondents herein) filed Title Suit No. 165 of 2007 in the court of learned Subordinate Judge -1st , Sitamarhi, inter-alia, for declaration of their title and for recovery of possession over the suit land (stated in Schedule 1 of the plaint) as also for declaration that sale deed dtd. 25/7/2006 registered on 26/7/2006 by Mithlesh Kumar Singh in favour of defendant Bachcha Singh is illegal, void, without consideration and not binding on the plaintiffs.

(3.) The plaintiff case in brief is that Thakur Jai Singh and Thakur Sanjay Singh, the grand-sons of Khatiyani raiyat Babu Ram Narayan Singh on 30/5/2005 transferred their share in the land measuring 12 1/2 decimal to the plaintiff no. 1, Most. Sabuj Devi through a sale deed. Subsequently, the plaintiff no. 2, Sanjay Kumar Singh purchased 14 decimal of land from Thakur Anil Kumar Singh, the grand-son of Thakur Ram Bahadur Singh in such a manner that 7 decimal of land was adjacent west to the 12 1/2 decimal of land purchased earlier and the rest 7 decimal was in same plot in the middle of the western part of the plot. The plaintiffs amalgamated 12 1/2 decimal of land purchased on 30/5/2005 and 7 decimal of land purchased on 14/7/2006 adjacent to 12 1/2 decimal and came in possession of the same and got rent receipt for the same and constructed a thatched house thereon. Further case of the plaintiff is that despite the knowledge of two sale deed dtd. 30/5/2005 and 14/7/2006 the defendant Bachcha Singh, on 25/7/2006, got executed a sale deed in his favour with respect to R.S. Plot No. 623 measuring 18 decimal from Mithilesh Kumar Singh of one of the branch of Ram Deo Singh with wrong boundaries and wrong recitals in the sale deed and without consideration. The defendants on 31/7/2017, dispossessed the plaintiffs from 18 decimals of land by constructing a hut and by ploughing the land.