RAM CHANDER CHOURASIA Vs. BIJAY DAS

JUDGEMENT

(1.) The defendants appellants have filed this first appeal against the judgment and decree dated 6.9.1985 passed by the learned 4th Additional Subordinate Judge, Sasaram, Rohtash in Title Suit No. 149 of 1980/ 50 of 1983 whereby the court below decreed the plaintiffs respondents' suit. The sole plaintiff respondent died during the pendency of the appeal and his legal representatives have been substituted in his place.

(2.) The plaintiff respondent had filed the aforesaid suit for declaration of his title and confirmation of possession with respect to 12 decimal of C.S. plot No. 274 corresponding to R.S. plot No. 493. Alternatively, he also prayed for recovery of possession and injuntion.

(3.) The plaintiff respondent claimed the aforesaid relief alleging that C.S. plot No. 272 of C.S. Khata No. 775 belonged to Jhauri Ram. On 24.5.1919 he sold C.S. plot No. 272 to Ganesh Lal. Subsequently, Ganesh Lal by registered sale deed dated 19.9.1919 sold the same to Most. Sudeshi Kuer who was plaintiffs' grandmother. The plaintiffs' grandmother Sudesi Kuer executed a registered deed of gift dated 12.1.1948 in favour of plaintiff with respect to her land. According to the plaintiffs in fact Ganesh Lal had purchased 1 Bigha 5 kattha but in the sale deed it has been wrongly mentioned as 1 bigha (62 decimal) because generally the land was known as 1 bighwa land, the intention of the parties was sale and purchase of 1 bigha 5 kattha. Since there was mistake in the sale deed in favour of Ganesh Lal, the same was repeated in subsequent sale deed and the gift deed. This mistake is apparent from the sale deed of Ganesh Lal. In the eastern boundary he would have mention plot No. 274 which belonged to him but he has mention "land of Sitaram". The orchard of Sitaram was in plot No. 290. Therefore, it shows that he has also sold plot No. 274 to Ganesh Lal. After purchase Most. Sudesi Kuer had constructed a lord Shiva temple and a well is dug. 12 to 14 years ago the plaintiff got a brick klin on it. However, the survey authority have open a khata in the name of plaintiff only for 67 decimal instead of 78 decimal and carved out 12 decimal on plot No. 274 in the name of the defendant No.1.