RAMBHABAN RAI Vs. RAM SAKHI DEBI

JUDGEMENT

(1.) THIS second appeal has been filed by the appellants against the judgment and decree of the learned court of appeal below by which the judgment and decree of the learned trial court was set aside and the claim/suit of the plaintiffs was dismissed. The matter arises out of Title Suit No. 38 of 1962 which was filed by appellants 1st set for declaration of their title over the suit properties, detailed in Schedule -A of the plaint, recovery of its possession, permanent injunction and other ancillary reliefs. The said Schedule -A lands include several plots totally measuring 1 bigha, 17 kathas and 13 dhurs situated in Village -Pasopur, Pargana Nayipur, P.S. - Bachhwara, Thana No. 27 in the district of Munger (now Begusarai). The plaintiffs appended following generalogical table at the foot of the plaints:

(2.) THE claim of the plaintiffs was that the suit property originally belonged to Pahalwan Rai who left behind three sons, Durga, Genor and Khusi, out of whom Genor 'sheirs are plaintiffs and Durga 'sheirs are defendants 3rd party. it is also claimed that third brother Khusi left behind two sons, Dahu and Buchan out of whom Dahu was issueless whereas Buchan had a son only named Ram Charan who was also issueless and all three of them died prior to the cadestral survey operation leaving behind their respective widows out of whom, Murta widow of Dahu and Sitalman widow of Buchan, were recorded in the cadestral survey whereas Imda widow of Ram Charan did not inherit because Ram Charan died in the lifetime of his father and uncle.

(3.) IT was also submitted by the plaintiffs that although Imda had no title over the suit property but she executed two sale deeds dated 6.2.1938 and 6.1.1943 in favour of predecessors in interest of defendant first party, namely, Shri Siriph Lal Rai, hence Genor filed Title Suit No. 23 of 1944 (15/46) against the said Siriph Lal Rai (defendant first party) for declaration of title, setting aside the said sale deeds and other ancillary reliefs. The heirs of Durga also appeared in that suit and supported the ciaim of the plaintiffs and the said suit was decreed by the trial court vide judgment and decree dated 12.6.1947 (Ext. 9) against which defendant first party filed Title Appeal No. 204 of 1946 which was allowed by the learned lower appellate court vide judgment and decree dated 9.6.1947 (Ext. 9 -A).