MOHMOOD ALAM Vs. GITA DEVI

JUDGEMENT

(1.) PLAINTIFFS are appellants. Plaintiffs' ancestor Sk. Rustam held and possessed Plot Nos. 530, 531 and 532 of Khata No. 236 situate at Jharia town. He left behind three sons, Kamruddin, Nizamuddin and Qurban and a daughter Madina. Md. Safi, plaintiff no. 2, was one of the sons of Nizamuddin. He claimed to have purchased share of late Kamruddin in Plot No. 532 by registered sale deed dated 28.4.1959. 2. According to plail1tiffs, some time in August, 1968, defendants forcibly demolished constructions standing on the aforesaid plots of land and constructed a road on the northern portion of Plot No. 531 from east to west and a wall on Plot Nos. 531 and 532 and thereby encroached about 10 decimals land, described in Schedule 'B' to the plaint and a sketch map showing the encroached portion in red colour was also attached with the plaint. 3. Plaintiffs, therefore, filed Title Suit No. 29 of 1969 for declaration of title and for recovery of possession over the encroached portion of Plot Nos. 530, 531, 532 and for permanent injunction against the defendants. 4. The defendants contested the suit denying encroachment and/or forcible possession over the suit land. They claimed to have purchased Plot Nos. 5'33 and 534, measuring 25 decimals and 12 decimals respectively, by registered sale deed dated 13.2.1967, from Wahida Bibi, which originally belonged to one Reyasat Mian of Jharia and was auction sold by court in respect of a mortgage decree. According to the defendants, who were respectively wife and husband, the wall in question was standing on the same site for more than twenty four years and they simply raised its height and repaired the old wall in the premises after purchase. 5. The trial court held that the plaintiffs did not file suit within twelve years from their alleged date of dispossession. They have no subsisting title over the suit land, described in Schedule 'B' to the plaint.