KARI DEVI Vs. MADHO YADAV

JUDGEMENT

(1.) The plaintiffs have filed this Second Appeal against the judgment and decree dated 22.11.1984 passed by the learned 4th Additional District Judge, Gaya in Title Appeal No. 33 of 1978/121 of 1977 whereby the learned Lower Appellate Court dismissed the appeal and thereby confirmed the judgment and decree dated 28.07.1977 passed by the learned Sub Judge II Court, Gaya in Title Suit No. 27 of 1975. The plaintiffs filed the suit for declaration of title alleging that the property belonged to one Nanhkoo Thakur. He died in the year 1968 leaving behind the only daughter, Daulatia Devi who was defendant No. 5 in the trial court. After the death of Nanhkoo Thakur, his daughter, Mostt. Daulatia Devi came in possession of the property and she sold the property in favour of the plaintiff by registered sale deed dated 25.11.1969 and the purchaser plaintiff was put in possession of the property. However, the manager of Nanhkoo Thakur namely Keshav Thakur sold the property in favour of the defendants by registered sale deed in the year 1972. According to the plaintiff, Keshav Thakur had no right to sell the property.

(2.) The defendants-purchasers filed contesting written statement alleging that in fact, Daulatia Devi is not the daughter of Nanhkoo Thakur rather Keshav Thakur is the cousin of Nanhkoo Thakur and, therefore, on the death of Nanhkoo Thakur, the property was inherited by the cousin of Keshav Thakur. Daulatia Devi filed written statement supporting the case of the plaintiff and alleged that Keshav Thakur is not related to Nanhkoo Thakur and he was only manager.

(3.) The trial court on the basis of the materials available on record came to the conclusion that Daulatia Devi is not the daughter of Nanhkoo Thakur and the name of wife of Keshav Thakur has been mutated. Since Daulatia Devi was not the daughter, therefore, she had no right to sell the property in favour of the plaintiffs. Accordingly, the plaintiffs suit was dismissed.