NASRU QUERISHI Vs. HAZRA KHATOON

JUDGEMENT

(1.) This second appeal is by the defendant appellant-appellant. The plaintiff had filed Title Suit No. 157 of 2003 against the defendant-appellant praying for a decree of declaration that sale deeds dated 22.03.1988 and 13.04.1992 are genuine, perfect and came into operation and the plaintiff's possession be confirmed in the suit land. Alternatively, if the plaintiff is found dispossessed from the suit land, possession be delivered in her favour evicting the defendant-appellant from the suit property.

(2.) According to the plaintiff, the suit property along with the house measuring an area of two kathas 12 chhatak standing over Municipal Survey Plot No. 1624 corresponding to Old Municipal Holding No. 557 and new Holding No. 623, Ward No. IV of the Ranchi Municipal Corporation at Kasai Mohalla, P.S. Lower Bazar, Town & District-Ranchi was jointly acquired by Most. Rasulan, mother of the plaintiff and Ahmad Hussain, father of the plaintiff by virtue of a registered sale deed dated 12.01.1961 from Md. Talib and others for valuable consideration. They came in possession of the suit property by virtue of the said sale deeds and got their names jointly mutated in the revenue record of the State and Ranchi Municipal Corporation (the then Ranchi Municipality). They paid rent and taxes in their own names, Most. Rasulan being in need of money, sold her share of land measuring one katha six chhatak along with house standing on a portion of the said land to the plaintiff by virtue of a sale deed dated 22.03.1988 for valuable consideration and put the plaintiff in possession thereof. Md. Hussain father of the plaintiff also sold remaining one katha six chhatak of land along with house standing on the aforesaid holding to Shamima Begam wife of Md. Saifullah by virtue of sale deed dated 3.4.1989 for a valuable consideration and put her in possession thereof. Shamima Begam then sold the said property to the plaintiff by virtue of registered sale deed dated 13.04.1992 and put the plaintiff in possession thereof. The plaintiff accordingly became absolute owner with respect to the entire two katha 12 chhatak of land along with house standing over a portion of Municipal Survey plot No. 1624 corresponding to old Municipal Holding No. 557 (new Holding No. 623, Ward No. IV of Ranchi Municipal Corporation). There was partition between Md. Hussain and Most. Rasulan and the property was allotted half and half. One katha and six chhatak was allotted to Md. Hussain with a Khapraposh structure under occupation of the defendant. Though the plaintiff became absolute owner of the entire property, the defendant remained in permissive possession. Since the plaintiff and defendant are own brother and sister, the plaintiff allowed the defendant to reside in the suit property on the assurance given by the defendant that he will vacate the same after searching out suitable accommodation. He had also assured to pay rent @ Rs. 125/- per month. But the defendant neither paid rent to the plaintiff nor vacated the suit property.

(3.) Earlier, the plaintiff had filed Eviction Suit being Eviction Suit No. 58 of 1994 in the court of learned Munsif, Ranchi. The suit was dismissed with observation that the plaintiff should have filed a regular title suit. The plaintiff had preferred appeal against the judgment and decree being Title Appeal No. 53 of 2000, which was disposed of by learned Additional Judicial Commissioner-V(FTC), Ranchi observing that the plaintiff-appellant failed to prove the relationship of landlady and tenant between her and defendant. Learned court directed to file title suit for declaration of title and recovery of possession. On that basis, the instant suit was filed. The plaintiff asserted that she had purchased the suit property and acquired absolute title. The defendant is in permissive possession of the suit premises. He is liable to be evicted.