SAHOOD ALAM AND ORS. Vs. NAYYER AND ORS.

JUDGEMENT

(1.) The original plaintiff, Md. Ashraf Ali Ansari, since deceased and substituted, had filed this First Appeal against the Judgment and Decree dated 28.05.1982 passed by the learned IVth Addl. Subordinate Judge, Bhagalpur in Title Suit No.289 of 1976 whereby the Court below dismissed the plaintiff's suit for declaration of title.

(2.) The plaintiffs filed the aforesaid suit for declaration of title over the suit property alleging that one Chethru Momin had acquired 22 bighas 7 kathas land from ex.landlord through settlement and executed a registered Kabuliyat on 03.09.1906. After settlement, he came in possession and died in the year 1921 leaving his son Abdul Gaffur, a daughter Sovia and his widow, Bibi Gunju. Thereafter, in the year 1933, a rent suit was filed by the landlord regarding the suit land wherein the landlord obtained a decree and in the execution case, the suit holding was sold which was purchased by landlord. Immediately, thereafter the heirs of Chethru Momin, i.e., his widow, Gunju and son and daughter who were the judgment debtor paid the entire dues on 5.10.1935. After payment of the dues, they continued in possession. The landlord never came in possession nor he took delivery of possession. Bibi Gunju died in the year 1942 leaving behind her son and daughter named above. Sovia also died in the year 1953-54 leaving behind her three heirs, namely, Ashraf Ansari, the plaintiff and the defendant No.16 and 17. Out of the above three heirs, only the plaintiff came in possession of the suit land and the two others relinquished their share in favour of the plaintiff. As such, the plaintiff is absolute owner.

(3.) The further case of the plaintiff is that at the time of vesting of Jamindari, Mahabir Singh and Mishri Chaudhary and Lal Mohammad in collusion with Amla got a false return submitted in their names with respect to the suit land. Thereafter, the descendants of Mishri Chaudhary and Mahabir Singh and others initiated 144 Cr.P.C. proceeding without making heirs of Chethru Momin a party. A compromise was entered into in mutation proceeding wherein all the successors in interest of Chethru Momin admitted to have relinquished their interest in favour of plaintiff and, therefore, plaintiff's name was entered into in Register II in respect of 18 bighas 17 kathas 4 dhurs. The plaintiff is paying rent against the grant of rent receipts and had also sold 4 bighas to Bhola Sah and others by registered sale deed in the year 1975-76 and the purchasers are in possession. The remaining lands are in possession of the plaintiff.