NAGDU GOND S/O LATE SUKHAN GOND Vs. MOST. RAMSUNDARI DEVI W/O LATE SHEOBALAK SAH, R/O VILLAGE FAYAGHAT, P.O. & P.S. ANDRA, DISTT. SIWAN

JUDGEMENT

(1.) Heard Mr. Nagendra Rai, learned counsel appearing on behalf of the appellants.

(2.) The defendants are the appellants in this appeal against the judgment and decree of affirmance granting the decree to the plaintiffs, as prayed.

(3.) The plaintiffs filed the suit for declaration of title and possession over the suit land described in the schedule of the plaint. The plaintiffs claimed their title and possession of the suit land on the basis of inheritance as heirs of the recorded tenant Bachu Sonar in the recent survey khatiyan with regard to the suit land. It would be pertinent to mention here that the suit land as described in the plaint comprise an area of 8 katha 12 dhurs of recent survey plot no. 348. However, the defendants in their written statement disputed the claim of the plaintiffs over 2 katha 5 dhurs only out of the suit land and claimed their own right, title and interest over the said land on the basis of the assertion that the said 2 katha 5 dhurs was sold by the predecessor of the plaintiffs in favour of the predecessor of the defendants. The defendants also averred that the original sale deed was stolen away from their house and on inquiry from the registry office it was discovered that the entries in the register of the year 1924-25 stood defaced and was not legible. The defendants further claimed that the Ex-landlord submitted return for the said 2 katha 5 dhurs of land in their favour and their names were also entered in Register-2 of the State of Bihar. The defendants further also claimed their title over the said land by way of adverse possession.