LAWS(JHAR)-2022-1-43

AKHILESHWAR MAHTO Vs. KASIDA DEVI

Decided On January 11, 2022
Akhileshwar Mahto Appellant
V/S
Kasida Devi Respondents

JUDGEMENT

(1.) This appeal has been preferred by the Defendant No.l (LR) against the judgment of affirmation passed by District Judge-II, Palamu in Title Appeal No. 09 of 2007.

(2.) The plaintiffs / respondents filed the suit for declaration that schedule -B sold by Defendant No. 1 to Defendant No. 2 and 3 vide sale deed No. 321 dtd. 7/1/1985 be declared null and void. Schedule B is part of the land obtained by gift deed fully described in Schedule-A of the plaint.

(3.) The case of the plaintiff Kasida Devi is that Maheshwari Devi (Proforma Defendant No. 4 now dead) W/O Mahang Mahto acquired different plots of land by registered sale deed No.5341 dtd. 19/4/1968, Deed No.8295 dtd. 1/9/1969, Deed No.10432 dtd. 22/12/69, Deed No.884 dated17.1.72 and came in possession of them. The plaintiff acquired Title and possession over Schedule-A property from Maheshwari Devi by registered deed of Gift No. 1904 executed on 28/2/1978 (Schedule-A). Ma-hang Mahto had two sons Ramcharitar Mahto (Defendant No. 1) and Sukhdeo Mahto. Kasida Devi W/o Sukhdeo Mahto is the plaintiff. In pursuance to the gift deed the land was duly mutated and demand of revenue has been opened in her name. It is further case of the plaintiff that Defendant No. 1 stole all the deeds by which Schedule-A land were purchased regarding which a criminal case was also registered. Defendant No.l sold the part of Schedule-A land to Defendant Nos.2 and 3 by registered deed of 7/1/1985 vide sale deed No. 321. Purchasers of the land had however not entered into possession. The land illegally sold has been fully detailed in Schedule-B of the plaint which comprises of 58 decimals of land in Plot No. 1371.