JAWAHAR TIWARY Vs. GAURI SHANKAR TIWARY

JUDGEMENT

(1.) This is the plaintiffs' appeal against the concurrent judgments of the Courts below passed in a suit for declaration of title to and recovery of possession with respect to the lands mentioned in Schedule Cha of the plaint. The disputed lands measure 51 acres bearing khata No. 209, plot Nos. 316 and 322 situate in village Bhabhua in the district of Rohtas.

(2.) Subsequently the facts are that the disputed plots were recorded in the survey (Ext. 8) in the name of one Tilkeshwar who is said to have transferred these lands to the family of the plaintiffs by means of a registered sale deed of the year 1913 (Ext. 4 Ga). The plaintiffs' case is that there was a partition in the family in the year 1948 as a result of which the disputed lands fell to the share of the plaintiffs and since then they are coming in exclusive possession of the same. The defendants began to interfere with their possession. Hence the suit.

(3.) The suit was contested by defendants 1, 2 and 5 who filed written statements. Their case substantially was that before the alleged sale of 1913, Tilkeshwar had orally sold the land in dispute to Raghunandan, one of the brothers of Loknath whose descendents are the plaintiffs and since then he was coming in possession.