BHOLA SINGH Vs. LAXMI GOWALIN

JUDGEMENT

(1.) This second appeal by the plaintiffs is directed against the decision of the lower appellate court dismissing the suit. In the plaint, they prayed for declaration of their title to and recovery of possession of more than 2 acres of land appertaining to Plot No. 807 of Khata No. 35 in village Daulatpur Adluchak in the District of Gaya and for mesne profits.

(2.) The land of Khata Nos. 35 and 36 belonged to Most. Zubaida Khatoon and Tabrakullah. The total area of khata No. 35 is 3.35 acres. According to the plaintiffs, Zubaida Khatoon and Tabrakullah sold the lands of khata Nos. 35 and 36 measuring 4.40 acres to Mullick Abul Heyat (defendant No. 11 in the suit) under a registered sale deed dated 12-9-1922, which has been marked as Ext. 4 in the case. In 1933, Abul Heyat orally gave the land to his wife Mst. Zakia in lieu of dower debt and on the 6th December, 1958, plaintiff No. 1 purchased the same from Mst. Zakia for a sum of Rs. 2000/-in the name of his wife, plaintiff No. 2.

(3.) In the year 1950, a proceeding under the Administration of Evacuee Property Act, 1950 had been started in respect of these lands and the custodian was in possession through temporary settlees. Both Abul Heyat and Mst. Zakia had gone to Pakistan when the proceeding had been started. Mst. Zakia returned back to Patna and made an application for release of the property which was done. Again in the year 1956, a fresh proceeding was started and the custodian attached the lands on the assumption that they belonged to Abul Heyat. Mst. Zakia once more moved the authority for release of the lands and ultimately that was done on 24-4-1958. Soon thereafter the plaintiffs got the transfer in their favour. Defendants 1 to 6, who are said to be litigants, raised unfounded claims and a proceeding under Section 144 of the Code of Criminal Procedure was started. It was converted into a proceeding under Section 145 of the Code of Criminal Procedure and was decided against the plaintiffs.