DHAUTAL SINGH Vs. BHOLA SAH

JUDGEMENT

(1.) This second appeal is by the plaintiffs against the judgment of affirmance. The plaintiffs brought a suit for declaration of title and confirmation of possession over 2K, 53/dhurs of land appertaining to survey plot No. 403, Khata No 217 of village Nawanagar in the district of Muzaffarpur. The plaintiffs also prayed for recovery of posession in case they were not found in possession and had also prayed for mesne profits.

(2.) The plaintiffs' case, in short, is that the plot in question was recorded in the name of one Mossamat Amolia in the record of rights. Amelia died (the date of death has not been given by the plaintiffs) leaving behind four daughters, namely, Mossamat Machia, Sonbarti, Mossamat Rupia and Mossamat Mantoria. According to the plaintiffs' case Sonbarti had a daughter Domani who was married to plaintiff No. 1. According to the plaintiffs, defendants are grand-sons of Mossamat Rupia. The plaintiffs' case is that on the death of Mossamat Amolia the properties left by her were inherited by her four daughters (named above) and each of the daughters had 1/4 share in the properties. The plaintiffs' further case is that Mossamat Machia (one of the four daughters of the recorded tenant) executed a sale deed with regard to properties left by Mossamat Amolia in favour of one Lalji Sah and the plaintiff No. 1 purchased those properties from Lalji Sah by registered sale deeds (Exts. 5, 5/a and 5/b) dated 16.9.1929 and the plaintiffs' case is that after the purchase by the aforesaid three sale deeds, they came in possession of the properties covered by the sale deeds and have been coming in possession of be same.

(3.) According to the plaintiffs, as the defendants got their names mutated fraudulently in the survey, it necessitated the institution of the suit (Title Suit No. 65 of 1962).