BHOGAL PASWAN Vs. BIBI NABIHAN

JUDGEMENT

(1.) This appeal is by the defendants. It is directed against the concurrent decisions of the Courts below decreeing the plaintiff's suit for declaration of title to, recovery of possession of and mesne profits in respect of 1 bigha 11 kathas 11 dhurs of land out of survey plots 265 and 269 appertaining to khata No. 79, tauzi No. 7143 of village Sahdeni, district Muzaffarpur, which admittedly belonged to one Sheikh Mahbub whose name stood recorded in the survey record of rights in respect of the khata in question. According to the defendants-appellants themselves, Sheikh Mahbub died sometime in 1906.

(2.) Trie plaintiff claims to be the daughter of Sheikh Mahbub. Her case is that after the death of her father, she along with her mother inherited the properties including khata No. 79 left by him and continued in possession as such. Her mother, according to her case, died about twelve years before the institution of the suit, and, the plaintiff asserted that since then she has continued in exclusive possession of the suit lands until the 15th November, 1955 when the defendants illegally dispossessed her. On these allegations, the plaintiff prayed for declaration of title, recovery of possession and mesne profits.

(3.) The case of the defendants was that Sheikh Mahbub died issueless about fifty years ago, that the plaintiff had no concern with the lands, that upon the death of Sheikh Mahbub his lands were treated as abandoned and the landlord entered into possession of the same, that thereafter the landlord settled the lands comprised in khata No. 79 with three persons, namely, Haider Mian, Zahoor Mian and Ramjan Mian, who came into possession of the lands settled with them, that by a registered sale deed dated the 15th December, 1916, Pargas Paswan, ancestor of the defendants, purchased 1 bigha 3 kathas out of plots 265 and 269 of khata No. 79 from two of the aforesaid settlees, namely, Zahoor Mian and Ramjan Mian, and that since then the defendants have been in possession throughout of the lands purchased on payment of rent. The defendants further alleged that even the plaintiff's son Syed Jan took a sale deed dated the 21st January, 1941 in respect of the remaining portion of the lands of khata No. 79 from Bibi Wakilan, widow of Haider Mian. Thus, the defendants claimed both title and possession in themselves with respect to 1 bigha 8 kathas on the basis of the sale deed dated the 15th December, 1916. It was also pleaded that the suit was barred by limitation.