SHIM SHAIYA Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) THIS second appeal is against the judgment and decree passed by learned 1st Additional District Judge, Giridih whereby the said appellate court has concurred with the findings of learned Sub Judge -III, Giridih and dismissed the appeal.

(2.) THE appellants were the defendants in the suit. The plaintiff had filed suit for declaration of right, title and interest over the suit land and for confirmation of possession or alternatively for recovery of possession.

(3.) THE defendants appeared and contested the suit. In the written statement. it was stated that Harkhu Rai had no male issue and. therefore. he had kept her son in -law -Hakim Bhaiya as his 'Gharjamai He all along lived with his wife at VillageMahthadih. where she gave birth of all his children. After death of Hakim Rai. the defendants have been managing the affairs. Hazo Kumari had not came in possession over the suit land. Hazo Kumari had execUted the registered sale deed dated 18.1.1956 on payment of cash consideration of Rs. 600/ - in favour of Hakim Bhaiya and others with respect to the land measuring 9.50 acres. Shradh of deceased -Harkhu Rai was performed by Hakim Bhaiya. The defendants being successors have been in continuous possession over the suit land. Mungo Devi never lived with her mother -Hazo Kumari as alleged by the plaintiffs. The plaintiff's suit is not maintainable and the same is liable to be dismissed.