RAJENDRA CHAUDHARY Vs. KRISHNANAND CHAUDHARY AND ORS.

JUDGEMENT

(1.) The defendant No. 1 has filed this First Appeal against the judgment and decree dated 27.03.1985 passed by the learned Additional Sub Judge IV, Muzaffarpur in Title Suit No. 44 of 1979 whereby the learned Court below decreed the plaintiff -respondent's suit.

(2.) The plaintiffs -respondents filed the aforesaid suit for declaration of title and recovery of possession with respect to the suit property after setting aside the sale deed executed by Khagendra Nath Das in favour of defendant -appellant dated 03.09.1973.

(3.) The plaintiffs claimed the aforesaid relief alleging that the suit property described in Schedule I and II belonged to Bibi Tamiz Fatima as her Zirat lands in her zamindari interest and part thereof belonged to Md. Ali Akhtar. Bibi Tamiz Fatima sold her Milkiyat interest including portion of disputed land by registered sale deed dated 24.02.1953 to Kanderi Bala Devi and Haridasi both wives of Khagendra Nath Das in the Benami name of their relation for Rs. 7,000. Md. Ali Akhtar sold 1 bigha 5 1/2 kathas of kast kaimi land appertaining to C.S. Khata No. 163 and C.S. Plot No. 269 by registered sale deed dated 07.04.1953 to Dhaneshwar Chandra Das, son of Khagendra Nath Das. The purchasers came in possession of the purchased property. The defendant No. 8 purchased C.S. Plot No. 269 equivalent to R.S. Plot No. 397, 409 and 410 measuring 1 bigha 5 kathas 10 dhurs by registered sale deed dated 7/8th April, 1953. Kanderi Bala Devi died in the year 1965 leaving behind her two sons, Dhaneshwar Chandra Das and Narayan Chandra Das and two daughters namely Daya Dasi and Jayanti Dasi and her husband, Khagendra Nath Das. In private partition, 1 bigha 8 dhurs i.e. item No. 1 of Schedule II to the plaint was allotted in the share of two sons and 8 kathas 3 dhurs i.e. item No. II of Schedule II was allotted to the share of two daughters besides other lands. After vesting, they became the tenants under the State of Bihar.