CHHATUPASWAN Vs. SALIM MIAN

JUDGEMENT

(1.) This is a plaintiffs' Second Appeal in a suit for declaration of title over Plot No. 1227 having an area of 18 Kata 3 Dhur in village Kahara P.S. and District Saharsa (described in Schedule 1 of the plaint) and also for payment of auction money deposited in the Government Treasury with respect to the crops of the suit land.

(2.) The plaintiffs-appellants filed the suit with the averment that plot No. 1227 having an area of 1 Bigha 9 Katha and 3 Dhur of Mauza Kahara was recorded under Khata No. 412 in the cadestral survey in the name of Jhumak Mian and Dhorhai Mian sons of Harkhu Mian, two shares and Ganga Mian, Mangal Mian one share, the entire area of this Khata being 7 Bigha 4 Katha 17 Dhurs. The defendants first party are the heirs of the recorded tenant and that the recorded tenants, namely, Jhumak Mian, Gango Mian and Mangal Mian sold 18 Kathas and 3 Dhurs of land from eastern side to Saklu Singh by a registered sale deed dated 3(11.1917 for a sum of Rs. 100/- and gave possession to the purchaser; The said land was under Tauzi No. 4965 under Zamindari of Doman Singh. One Shri Awadh Lal Jha, a practising Mokhtar at Madhepura purchased some portion of Zamindari interest in the aforesaid Tauzi. Said Saklu Singh transferred 18 Katha 3 Dhur of plot No. 1227 in favour of Smt. Mulukrani Ojhain, wife of Shri Awadh Lal Jha and she came in possession of the same. She has a separate land of 8 Katha 4 Dhurs in separate Tauzi and got her name mutated with respect to the purchased land from Saklu Singh and a total Jamabandi of 1 Bigha, 6 Katha and 7 Dhurs was created in her name and she was also granted rent recepts. The defendants second party are the sons and heirs of Smt. Muluk Rani Ojhain.

(3.) The plaintiffs-appellants purchased from the defendants second party the heirs of Muluk Rani Ojhain an area of 18 Katha 3 Dhurs of plot No. 1227 by two registered sale deeds dated 25.1.1974 and 23.2.1974 on payment of sufficient consideration and the plaintiffs came in possession and are growing crops. Thereafter the Elaintiffs filed an objection petition efore the Circle Officer, Kahara for creating a Jamabandi and their names were mutated. Against that order the defendants filed an appeal which was dismissed. There were proceedings under Section 144/145 Cr. P.C. The land was attached under Section 145 (1) Cr. P.C. on 3.8.1977. As the defendants first party is falsely claiming the suit land and has obtained some fabricated rent receipts, consequently the plaintiffs had to file the present suit for declaration of the plaintiffs' right and title.