ANIL KUMAR Vs. JAHAN AARA KHATOON

JUDGEMENT

(1.) The present petition has been filed by the petitioners for setting aside the order dtd. 4/9/2018 passed by the learned Fast Track Court-II, Jehanabad in Title Appeal No.02/2016/02/2017 rejecting the petition dtd. 13/4/2018 filed by the appellants/petitioners under Order 41 Rule 27 of the Code of Civil Procedure (hereinafter referred to as the 'CPC') for bringing certain documents on record as exhibits with other reliefs.

(2.) Briefly stated, the case of the petitioners is that they are plaintiffs before the learned trial court and they filed Title Suit No. 09 of 2005 against the defendants/respondents for declaration and confirmation of possession over 5 decimals land situated at Plot No.5209/3658 under Khata No.34/575 at village-Nabiganj Saran @ Tehta, P.S.-Makhdumpur, District-Jehanabad.

(3.) According to the plaintiffs, one Sukan Ram, the grandfather of the plaintiff no.1 had purchased 4 decimals land out of Plot No.3658 on 20/1/1929 from Ram Chandra Ram and Lakshmi Ram, both sons of Hiraman Ram. After purchase, the grandfather of the petitioner came in possession over the suit land and after his demise, his son and, thereafter, his grandson (the plaintiff) came into possession. Further, on 28/9/1935, the said Sukan Ram had purchased 1 Katha 1 Dhoor of land out of Plot No.3658 and came into its possession. Thereafter, on 29/5/1950, a sale deed was executed by one Nand Lal Ram, maternal grandfather of one Ayodhya Prasad, in favour of Ramun Devi, wife of Ayodhya Prasad for an area measuring 7 ' decimals of land in Plot No. 3658. Further case of the plaintiffs is that on 30/10/1986, the said Ayodhya Prasad sold 1 and ' decimals of land from Plot No. 3658 (Old)/5209 (New) to the original petitioner no.1 (plaintiff no.1), who gifted the said property to his wife (petitioner no.2) and she has been coming in possession over it since the date of gift. Thereafter, on 27/1/2000, the petitioner no.2 purchased 5 decimals of land from Plot No.3658 (Old)/5209 (New) and, thus, the petitioner no.2/plaintiff no.2 held title and possession over 6 ' decimals of land and the original petitioner no.1 became entitle for 8 decimals of land since 4 decimals was transferred vide sale deed dtd. 20/1/2029 and 1 Katha 1 Dhoor vide sale deed dtd. 28/9/1935. Thus, total area of both the plaintiff nos. 1 and 2 (petitioner nos. 1 and 2) has become 8 decimals+6 ' decimals=14 ' decimals.