BIBI MAGBOOLAM Vs. SK HANIF

JUDGEMENT

(1.) This application by the plaintiffs is directed against an order dated 9-6-1975 passed in Title Suit No; 46 of 1975 by Munsif, Banka.

(2.) The plaintiffs filed a suit for declaration that the entry of the name of the defendants in the recent records of rights in respect of 2 decimals of land bearing plot No. 603 and new khata No. 302 situated in village Garibpur, Police Station Amarpur in the district of Bhagalpur was illegal and void. They also prayed for a declaration that they had right, title and possession over the said piece of land.

(3.) Shortly stated the plaintiffs' case is that originally one Sheikh Ulfat Mian held and possessed 7 decimals of homestead land under old khata No. 121, old plot No. 201 in village Garibpur fully described in Schedule A of the plaint. After his death, his son Sheikh Ashraf Ali transferred the said land of Schedule A to Sheikh Joshar Ali, father of the plaintiffs by means of a registered Kebala dated 16-3-1983. Sheikh Joshar Ali constructed a pucca house consisting of 4 rooms with a bungalow and kitchen over the lands described in Schedule A and the remaining Parti land was covered by a boundary wall and was used as Sahan. After the death of Sheikh Joshar All sometimes in the year 1972 the plaintiffs came in exclusive possession of the said property. During the recent survey operations, the defendants 1st party are alleged to have got their names illegally recorded in respect of 2 decimals of Schedule A land with which they had really no concern.