GANESH NARAIN SINGH Vs. JADUNANDAN SINGH

JUDGEMENT

(1.) This is an appeal by the plaintiffs. The plaintiffs filed a suit for declaration of title and recovery of possession of the land having an area of .09 acre bearing plot No. 4114 in khata No. 290 of village Deo. According to the plaintiffs, Jhari Dhanger had a son Somar and a daughter Somaria. Somaria had a daughter Mt. Sanichari. According to the defendants, however, Jharia had two sons Somar and Bishun. Bishun was married to Somaria. She died issueless and Mt. Sanichri was falsely set up as daughter.

(2.) Plot No. 4114 was recorded in the names of Somar and Somaria half and half in the record of rights. Somar sold his half share to Somaria for Rs. 35/- by a sada sale deed on 18-6-1926 when Somaria came in possession. When she died, her daughter Sanichri came in possession. Then on 14-10-1950 Sanichari sold this land to the plaintiffs by a registered sale deed for Rs. 500/- together with some other lands. After that there was a dispute between the parties which ended in a proceeding under Section 145, which was decided against the plaintiffs. Accordingly the present suit was filed on 26-11-1950.

(3.) The defendants' case was, as mentioned above, that Somaria was not the sister of Somar but wife of Bishun and sister-in-law of Somar. After her death, the property devolved on Mangri who was daughter of Somar and she sold it to the defendants on 20-11-1948. Sanichari not being the daughter of Somaria the kebala in favour of the plaintiffs was a bogus document.