ETWARI MIANAND Vs. PATIYA DEVI

JUDGEMENT

(1.) The appellants are the defendants, who have preferred the instant appeal against the judgment and decree passed in Title Appeal No. 62 of 2012 by which the appeal filed by the appellants-defendants was dismissed and the judgment and decree dtd. 21/7/2012 in Title Suit No. 50 of 2008, has been affirmed.

(2.) For convenience, the parties shall be referred by their original placement in the suit and will include their substituted legal representatives.

(3.) The case of the plaintiffs, in short, is that the lands of Khata No. 22 of village-Gaghra was recorded in the name of Sahdeo Raut, who was also known as Sahdeo Mahto, who died in the year 1935 leaving behind his widow Most. Sohwa and a daughter Nanhiya Devi, who inherited the property of Sahdeo Raut and came in possession over the entire land of Khata No. 22. The said Most. Sohwa died in the month of May, 1957 and after her death her daughter Nanhiya Devi being the sole heir came in possession over the land of Khata No. 22 and paid rent and took receipts from the State of Bihar. Nanhiya Devi died leaving behind her son Kali Mahto and daughter Kalsi Devi, who inherited and came in possession over the entire property. Kalsi Devi, who is daughter of Nanhiya Devi died issueless and Kali Mahto being sole heir of Nanhiya Devi became absolute owner of the entire lands of Khata No. 22. Further case of the plaintiffs is that out of 22 acres, 11.20 acres were sold to different parties by Kali Mahto and his mother Nanhiya Devi and the remaining 10.80 acres was in possession by Kali Mahto which is the suit property. After the death of Kali Mahto his heirs Most. Sitiya and two sons namely Babulal Mahto and Ashok Yadav, came in possession over the suit land and paid rent continuously and obtained rent receipts from the State of Bihar (now Jharkhand).