SIDHESHWAR SINGH Vs. BAJRANGI SINGH

JUDGEMENT

(1.) This Second Appeal is by the defendants against the judgment of reversal.

(2.) The plaintiff brought a suit for declaration of his right, title and interest in the suit lands. He also prayed for confirmation of possession over the same and, in the alternative, for recovery of possession. The plaintiff also prayed that the defendants be restrained by permanent injunction from interfering with the possession of the plaintiff over the suit lands. The suit lands were described in Schedule A of the plaint and they are plot No. 6616, appertaining to khata No. 1884 and area 20 decimals; plot number 6686, appertaining to khata No. 1885 and area 11 decimals and plot No. 6619, appertaining to khata No. 1886 area 21 decimals--all appertaining to tauzi number 4268 and Khewat No. 66.

(3.) According to the plaintiff, one Chhathu Missir was the proprietor of tauzi No. 4268 under Khewat No. 69 of village Shamsuddinpur Maner Mahal Mohammadpur Painal. Plots Nos. 6616 and 6686 were recorded as raiyati kaiyami land of one Ramnath Mahton. Plot No. 6619 was recorded in the name of one Ramdas Mahto. According to the plaintiff, these lands were under the aforesaid tauzi No. 4268. The plaintiff's case was that Chhathu Missir died and it was Kamla Missir (son of Chhathu Missir) who came in possession of the proprietary interest in the aforesaid tauzi but the same was sold on 18-1-1933 in Execution Case No. 1433 of 1932 in execution of decree passed in S. C. C. Suit No. 2/2 of 1931 brought by one Paudhari Kuer against the said Kamla Missir. According to the plaintiff, the entire tauzi was purchased by the decree-holder (Paudhari Kuer) herself and the same having been confirmed, the decree-holder obtained delivery of possession on 2-5-1935 and accordingly, the decree-holder Paudhari Kuer got her name entered in the Register-'D' also. The sons of aforesaid Kamla Missir subsequently filed one Title Suit being Title Suit No. 126 of 1946 against Paudhari. Kuer for getting the auction sale set aside but the said Title Suit was dismissed on 11-9-1948.