RAJU TIWARI Vs. SAKRU RAJWAR

JUDGEMENT

(1.) Defendents are appellants. Plaintiff filed Title Suit No. 17 of 1987 against defendants for declaration of title, confirmation of possession or in alternative for recovery of possession over the suit land, described in Schedules A and B to the plaint.

(2.) ACCORDING to plaintiff, Ritu Mandai, son of Govind Mandai, Padu Mandai, Chetu Mandai and Banshi Mandai sons of Shibu Mandai and Kishun Mandai were recorded tenants of the lands' of Khata No. 146, situated in Village -Bandhejih, District Hazaribagh (now Bokaro).

(3.) PLAINTIFF 's further case was that by registered sale deed dtd. 13.2.1956, Kishun Mandai son of Ritu Mandai sold 1.27 1/2 decimal land of plot no. 2547 to Pachkari Tiwari and Sadhu Tiwari, ancestors of the defendants, which was just adjacent north of the portion of said plot no. 2547 purchased by him. Subsequently, plaintiff sold 5 decimals land, out of 64 decimals, which he had purchased on 23.5.1956, to Basudeo Rajwar and further 10 decimals to Ratan Singh. However, in the meantime, it was found that defendants had encroached upon part of land and made certain constructions thereon. The encroached portion of plot no. 2547 at two different places measuring respectively 10 decimals and 29 decimals were described separately in Schedules A and B.