BAIJUN ORAON Vs. ASHOK KUMAR MINZ

JUDGEMENT

(1.) TITLE Suit No. 5 of 1981 was filed for declaration of the plaintiffs title over the suit land, detailed in Schedule B to the plaint, measuring 1.44 acres and for further declaration that the sale deed dated 23.6.1953 said to have been executed by their respective father and mother along with the heirs of the recorded tenant Budhan Uraon in favour of the defendant No. 1 was void and not binding on them.

(2.) ACCORDING to the plaintiffs, it was detected on 25.11.1980 that the defendant No. 1 fraudulently obtained a sale deed in his favour on 23.6.1953 and the defendants 2 and 4 orally told them that they had never executed any sale deed in favour of the defendant No. 1.

(3.) THE suit was decreed holding that it was not barred by time. There was no clear evidence to show that the plaintiffs ancestors had shifted from village Lakhey to village Pundari. The defendant No. 1 tailed to explain the circumstances under which the sale deed. Exhibit B, was executed in the year 1953. He also failed to prove his possession over the suit land for more than the statutory period. It was parti land and nothing was brought on record to prove adverse possession of the defendant No. 1. The plaintiff No. 1 was a minor in the year 1953, as such alienation of his property could have been made only for his benefits.