MUSTAFA KAMAL @ MD. MUSTAFA KAMAL Vs. MAHMOODA KHATOON

JUDGEMENT

(1.) THE plaintiff has filed this appeal against the judgment and decree dated 07.01.2011 passed by Sri Devanand Mani Tripathi, the learned 8th Subordinate Judge, Saran at Chapra in title suit No.184 of 1997 whereby the court below dismissed the plaintiffs suit.

(2.) THE plaintiff -appellant filed the aforesaid suit for declaration of title over the suit property and further declaration that the defendants have no right and title over it.

(3.) FURTHER case of the plaintiff is that Bibi Sakina gifted 4 kathas 11 dhurs of land of plot no.11239 and 2 kathas 10 dhurs in holding no.232 to Bibi Fahmida Bano by registered deed of gift dated 13.05.1949. Fahmida Bano came in possession of the gifted property. She sold entire 4 kathas 11 dhurs of plot no.11239 to Mahmooda Khatoon, the defendant no.1 by registered sale deed dated 11.03.1958 and she came in possession. The plaintiff on the basis of gift by other heirs became the sole owner of Schedule III property. He on 20.03.1993 gifted by oral Hiba 11 kathas of land out of plot no.11240 to defendants 3rd set. In title suit No.58 of 1994, the defendant no.1 in her written statement has wrongly claimed plot no.11239 and 11240. The said plots were never sold to defendant no.1. Only 4 kathas 11 dhurs of land of plot no.11239 was gifted to Fahmida Bano who sold the same to defendant no.1. The Schedule III and IV property was gifted to the plaintiff in the year 1990 and the plaintiff is coming in possession of the said property. The plaintiff has also acquired title by adverse possession.