KUSUM DEVI Vs. RAM SENI DEVI

JUDGEMENT

(1.) THE plaintiffs -appellants have filed the present appeal to assail the judgment and decree dated 12.03.1981 passed by the learned 2nd Addl. District Judge, Patna in T.A. No. 29/16 of 1968/1976 affirming the judgment and decree dated 05.02.1968 passed by the Addl. Subordinate Judge, IV, Patna in T.S. No. 87/14 of 1961.

(2.) THE suit was filed by the plaintiffs -appellants for declaring that they had absolute title to the extent of 2/3rd share in schedule I land/property and for further declaring that the contesting defendants had no title to the same. Ancillary reliefs) including recovery of possession were also sought for.

(3.) THE defendants appeared and contested the suit refuting the claim of the plaintiff that Rajaram had no brother by the name of Cheturi who died leaving behind his widow Jamuni Kuer. According to the contesting defendants, Rajaram was the owner of the suit land. He also possessed other lands by inheritance after the death of the recorded tenant Most. Jamuni Kuer. Rajaram died in 1928 and upon his death his widow Most. Rukmini Kuer inherited the suit land. The defendants also disputed the fact that Rajaram had a daughter called Ramsakhi. According to the defendants he had a daughter called Deojhari who was married to Chet Narain Singh of village Khaira and died only a few months after her marriage in 1922 during the lifetime of her father Rajaram. Ramsakhi was in fact the daughter of Nandu Singh and the own sister of Ramdayal Singh(defendant No. 19) and her husband Sarbanand Singh was the brother -in -law of Ramdayal. Ramdayal had set up her own sister with a view to lay a false claim over the property left behind by Rajaram and/or his widow. After the death of Rukmini (widow) in 1930, Ramdayal, Deosaran and Ram Das being the nearest agnates and legal heirs of Rajaram came in possession of the properties which were recorded as such in the Sharista of the landlord. Deosaran died leaving behind his daughter Songouri Kuer and three Natis. Ram Das also died leaving behind his widow Ramjhari and one son. Thus after the death of Deosaran and Ram Das their heirs came in possession of not only the land belonging to Deosaran and Ram Das respectively but also the land left behind by Rajaram. In the year 1944 Baikunth Nath Singh died leaving behind two sons namely Shumeshwar Kr. Singh and Surender Kumar. Shumeshar for himself and as a guardian of his minor brother executed a 'Ladavinama' (Ext. G) on 05.12.1956 in favour of Munglal Singh(defendant No. 13) with respect to land covered by sale deed dated 21.07.1933 standing in the name of their father who was only a name lender. The defendants purchased the suit land along with other lands from Ramdayal, Deosaran and Ram Das by a registered sale deed dated 21.07.1933 (Ext. 1/c) in the name of Baikunth and one Sada sale deed dated 21.07.1933 (Ext. B/3) in the name of Bhagwat Sharan Singh (father of the principal defendants). After the death of Deosaran, Ramdayal wanted to grab his property and deny the right of his daughter and Natis which was obstructed by the defendants. Aggrieved thereby a bogus & collusive Baibeyana deed dated 04.11.1953 (Ext. 11) was got executed by Ramsakhi Devi in favour of Laliteshwar Prasad Singh(defendant No. 20) claiming herself to be the daughter of Rajaram. It was followed by another collusive registered sale deed dated 18.02.1954 (Ext. 1/a) executed by Sarbanand Singh in favour of Laliteshwar Prasad Singh who subsequently transferred part thereof measuring 2.93 acres to the plaintiff and defendant No. 24 by a registered sale deed 09.01.1956 (Ext. 1/b).