NASIM ASHRAF Vs. SITA DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel appearing for respondent No. 20. The present second appeal has been preferred by the defendants/appellants being aggrieved by the Judgment dated 10.2.2011 and Decree dated 25.2.2011 passed in Title Appeal No. 19 of 1998 by the learned Additional District Judge (Fast Track Court No. -II), Madhubani whereby he has allowed the appeal and has reversed the Judgment dated 17.4.1998 and Decree dated 22.4.1998 passed in Title Suit No. 39 of 1987 by the learned Additional Munsif, 1st, Madhubani.

(2.) The suit had been filed for declaration of title and recovery of possession in respect of suit land bearing Khesra No. 1359 measuring one katha, fifteen dhurs twenty seven dhurkies in the middle of the house facing east having one room only, having boundary north; room of the same house now in possession of the plaintiffs, south; room of the same house of the plaintiffs, east; road, west; Jagarnath Mahto, a tenant of the plaintiffs of the same house.

(3.) As per the plaintiffs case, they constituted a Joint Hindu Family of which Deo Narayan Sah, the original plaintiff No. 1 was the Karta and Manager. The defendants 3rd party, namely Ram Roop Das Agrawal and Smt. Radha Devi also constituted a Joint Hindu Family of which defendant No. 3 Ram Roop Das Agrawal was its Karta and Manager Plot No. 1359 measuring one katha, fifteen dhurs twenty seven dhurkies having structure thereon belonged to defendant 3rd party Ram Roop Das Agrawal (defendant No. 3) and Smt. Radha Devi (defendant No. 4) which was let out to different tenants including defendant No. 1. After the death of defendant No. 1, his heirs and legal representatives were substituted in his place at the stage of trial. Defendant No. 2 is appellant No. 1 herein whereas appellant No. 2 to this appeal is heir and legal representative of defendant No. 1. As per the plaintiffs case, defendant No. 1 was in occupation of the suit land as tenant. Further case of the plaintiffs was that the said Ram Roop Das Agrawal (Defendant No. 3) transferred the entire plot of khesra No. 1359 alongwith house thereon to plaintiffs through four sale deeds dated 18.3.1980. The property had been mutated in the name of plaintiffs and tenants were directed to pay rent to them. Some of the tenants namely Md. Mustaqe and Laxman Thakur vacated the suit premises occupied by them but Md. Suleman did not vacate the suit land and hence an eviction suit was filed against Md. Suleman and on trial the suit was decreed in favour of the plaintiffs and accordingly Md. Suleman had to vacate the suit premises occupied by him.