SURESH MAHATHA @ SURESH SHARMA Vs. DULAL DEVI

JUDGEMENT

(1.) This appeal at the instance of the defendant appellant is directed against the judgment and decree dated 11.5.1988 and 24.5.1988 respectively passed in Title Appeal No.3 of 1984 by Shri Shiveshwar Narain, 1st Additional District Judge Dhanbad whereby and whereunder the judgment and decree dated 30.11.1983 and 10.12.1983 respectively passed by 1st Additional Sub Judge, Dhanbad in Title Suit No. 27/2 of 1980/82 were set aside and the appeal filed by the plaintiffs respondent was allowed and the suit of the plaintiffs respondent was decreed.

(2.) THE plaintiffs respondent have filed Title Suit No. 27 of 1980 for a declaration of his title as permanent occupancy raiyat over the suit land described in Schedule A of the plaint with a further direction that defendant appellant has acquired no title in respect of the suit property.

(3.) THE case of the defendant appellant is that Sabumani aforesaid has never executed any sale deed in favour of the plaintiffs respondent with respect to their suit land on 15.3.1967 nor the plaintiffs respondent had ever come in possession over the same. It is also alleged that if there is any sale deed in existence in favour of the plaintiffs respondent alleged to have been executed by Sabumani then in that case the sale deed is fraudulent and a sham transaction and without consideration. The defendant appellant claimed the suit property by virtue of the registered sale deed dated 17.3.1979 executed by Sabumani in their favour and since then they are in possession over the suit property.