JAGDISH MAHTON Vs. MOHAMMAD ELAHI

JUDGEMENT

(1.) THIS second appeal by the plaintiff arises out of a suit filed by him for a declaration of title and confirmation of possession, in the alternative for recovery of possession with respect to ther land of Khata No. 80 of village Chiridiri, Police Station Chatra in the district of Hazaribagh described in Schedules A and B of the plaint.

(2.) FACTS giving rise to this appeal as will appear from the plaint are as follows:-- One Chowa Matito died leaving five sons, namely, Ganesh, Uttim, Bishwanath, Jodhan and Ram Sahay. These brothers died one after another in a state of joint-ness with the plaintiff-appellant, who is son of Ganesh Mahto. Ram Sahay, who was uncle of the plaintiff, was a widower and he had kept Most. Jogni, defendant No. 3, as a concubine in his house. Ram Sahay also died in a state of jointness with the plaintiff sometime in Bhado of Sambat 2019, equivalent to 1962 as a result of which the plaintiff-appellant became the sole owner of the joint family property. Most. Jogni, after the death of Ram Sahay, had illicit connection with one Budhan Koeri. She is alleged to have executed a collusive sale deed dated 24-4-1963 in favour of defendant No. 1, Mohammad Elahi Bux and defendant No. 2, Mahfuzal Rahman, a minor son of defendant No. 1 (respondents 1 and 2 of this appeal) without any consideration with respect to the property mentioned in Schedules A and B of the plaint. Since a cloud has been cast upon the title of the plaintiff-appellant, he has thought fit to file the suit in question for the aforesaid reliefs.

(3.) THE learned Munsif of Chatra, who disposed of the suit held;