SACHITANAND DASS Vs. BUDHIARIWATI

JUDGEMENT

(1.) This appeal by defendant No. 1, one of the defendants-first-party, arises out of a suit for declaration of title to, and confirmation or, in the alternative, recovery of possession over, 1 bigha 7 kathas 3 dhurs of land appertaining to khata No. 336 of village Nanaur as described in the plaint.

(2.) The plaintiff in the suit is Musammat Budhiariwati, widow of Ajodhya Lal Das. One Musammat Bhaiyan was the widow of one Sant Lal Das. Dai Bacha (defendant No. 8) is a daughter of Sant Lal Das and Musammat Bhaiyan. Defendants Nos. 6 and 7 (defendant second party) are the sons of Musammat Dai Bacha. Defendant No. 1 is the purchaser of the suit land from defendants Nos. 6, 7 and 8.

(3.) The plaintiff's case is that Sant Lal Das and Ajodhya Lal Das were separate; but Sant Lal Das had no issue and he adopted Ajodhya Lal as his kartaputra, and thereafter they began to live together and became joint. It is also the plaintiff's case that Sant Lal Das had acquired the suit land, and, on his death, Ajodhya Lal succeeded him and came inte possession of the family properties including that land. Ajodhya Lal died in 1326 Fasli, and the plaintiff succeeded him and came into possession of those properties. Musammat Bhaiyan was getting only maintenance until she died in 1328 Fasli. It is alleged that the plaintiff has continued to be in possession of the disputed land throughout. She has instituted the suit on the allegation that a cloud has been cast upon her title on execution of the sale deeds in favour of defendant No. 1 by defendants Nos. 6, 7 and 8. The sale deeds are said to be collusive documents executed without consideration.