JEEWA DEVI Vs. KUMHAIYA DEVI

JUDGEMENT

(1.) THE plaintiffs -respondents -appellants have filed this Second Appeal against the judgment and decree dated 05.10.1982 passed by the learned 3rd Additional Subordinate Judge, Darbhanga in Title Appeal No.39 of 1969/02 of 1981 whereby the learned lower appellate court allowed the appeal and reversed the judgment and decree of the trial court dated 15.05.1969 passed by the learned Munsif 1st, Darbhanga in Title Suit No.237 of 1963.

(2.) THE plaintiffs filed the aforesaid suit for declaration of title and confirmation of possession over the suit property and also prayed for declaration that the order passed by the Additional Collector is without jurisdiction, therefore, the name of Luchai Mishir be removed from Demand Register.

(3.) THE suit was contested by the heirs of Ayodhya Mishir. According to the defendants after the land was purchased by the landlord i.e. Raj Darbhanga in auction sale, a proposal was made for taking settlement of the land in the joint name but when co -sharer Manoranjan Mishir did not co -operate this family, the settlement was obtained by the defendants' family. The allegation of settlement by Mauje Mishir alleged by the plaintiffs was denied. It was alleged that Mauje Mishir did not separate in the year 1905. Subsequently a partition took place between the four branches and each branch got one -fourth share in the property. Thereafter Jaideo Mishir gifted his interest to one Hargovind Mishir, defendant no.1. There was an arrangement between Chuman's branch and the plaintiffs whereby the defendants 2nd set exchanged their one -fourth share with some other lands of the plaintiffs, as a result of which the plaintiffs and the defendants 1st set divided the suit land half and half. The gift deed dated 12.04.1930 is not a conscious act by the executant as such it is void document.