SARAFAT MIAN Vs. GULABI MIAN @ SEIKH GULAM MOHAMMAD

JUDGEMENT

(1.) The Defendant Nos. 1 to 11 of Title Suit No. 8 of 1993 are the Appellants in this second appeal.

(2.) The Plaintiffs-Respondents had filed the said suit in the court of Sub Judge, Bermo at Tenughat praying relief for declaration of their right, title jointly with Defendant Nos. 12 to 18 over the land appertaining to Khata No. 65, described in Schedule-B of the plaint and for declaration that the Defendant Nos. 1 to 11 and 19 to 23 have no right, title over the same. The Plaintiffs had further prayed for confirmation of their possession over the suit land and permanent injunction against the Defendant Nos. 1 to 11 and 19 to 23 restraining them from interfering with the possession of the Plaintiffs and Defendant Nos. 12 to 18 and also for declaration that the sale deeds dated 11.10.1960, 28.11.1985 and 24.11.1961 executed by Latu Mian predecessor of Defendant Nos. 1 to 3 and 10 transferring land of Khata No. 65 are illegal, void and inoperative and the same are not binding on the Plaintiffs and the Defendant Nos. 12 to 18.

(3.) The case of the Plaintiffs, in brief, was that one Jhari Jolha was common ancestor of Plaintiffs and Defendant Nos. 1 to 18 and 22 and 23. He died leaving behind six sons, namely, Hussaini Mian, Ramjan Mian, Budhan Mian, Gahanu Mian, Jahan Jolha and Sahdali Mian. Ramjan Mian and Budhan Mian sons of Jhari Jolha were separated and migrated to Village-Lodhi, P.S. Gomia, District-Bokaro and Village-Arra Tola Dumarbera, P.S. Mandu, District-Hazaribagh respectively and were settled over there permanently. Johan Jolha had also separated and shifted to Village-Barkipunu and constructed his residential house there. After his death, his descendents, namely, Defendant Nos. 1 to 11 inherited the land and property of Village-Barkipunu and they have been in possession over the same. Hussain Mian also died leaving behind his three sons, namely, Jeetan Jolha, Bhukhan Jolha and Latan Jolha. Their names were jointly recorded in Khata No. 13 of Village-Mahuwatand and Khata No. 56 of Village-Barkipunu. Jeetan Jolha son of Hussaini Mian in exclusion of his brother, separately, along with his uncle-Sahdali Jolha and Gahnu Jolha acquired land measuring 7.56 acres consisting of 12 plots under Khata No. 65 of Village-Mahuwatand, P.S. Gomia, District-Bokaro. Their names were recorded in the survey record of rights, but due to mistake of survey authorities, Jeetan Jolha was described as son of Jhari Jolha, who was his grand father. Land of Khata No. 13 of Village-Mahuwatand and Khata No. 56 of Village-Barkipunu was also recorded in the name of Jeetan Jolha, Bhukhan Jolha and Latan Jolha sons of Hussain Jolha jointly. Jeetan Jolha was the son of Hussain Jolha and grandson of Jhari Jolha. Sahdali Jolha and Gahnu Jolha sons of Jhari Jolha and Jeetan Jolha son of Hussain Jolha came in possession over the land of Khata No. 65. Gahanu Jolha died issueless and his interest in respect of the land of Khata No. 65 devolved upon his brother-Sahdali Jolha. After the death of Sahdali Jolha and Jeetan Jolha, Plaintiffs and proforma Defendant Nos. 12 to 18 inherited the land of khata No. 65 to the notice and knowledge of all concerned. In exercise of their right of ownership, they also sold some portion of the said land to the Defendant-purchasers, who have been in peaceful possession of the same. Defendant Nos. 1 to 11 suddenly began to claim their right over land of Khata No. 65 and tried to cultivate the suit land on 3.5.1993 on the basis of a purported order passed Under Section 145 Code of Criminal Procedure They also claimed that their ancestors have sold some of the lands of Khata No. 65 by virtue of different sale deeds, which have been sought to be declared null and void by the Plaintiffs.