IBRAHIM MIAN Vs. MUNSAF MIAN

JUDGEMENT

(1.) THIS appeal at the instance of the plaintiff -appellant has been preferred against the impugned judgment and decree dated 08.12.1988 and 22.12.1988 respectively passed in Title Appeal No. 2 of 1986 by Shri Bhikari Ram, 1st Additional District Judge, Palamau whereby and whereunder the judgment and decree dated 29.11.1985 and 12.10.1985 passed in Title Suit No. 11 of 1984 by Munsif, Daltonganj were set aside and appeal was allowed.

(2.) THE appellant had filed the said title suit for declaration of his title and confirmation of possession over the suit land bearing plot Nos. 160. 161, 163 and 290 appertaining to the "dar -raiyati" khata No. 4 situate in village Banjari PS Daltonganj now Chainpur District Palamau fully detailed in Schedule A of the plaint.

(3.) DEFENDANT -respondent Nos. 7, 8 and 9 have filed their written statement stating inter alia, therein that they are in possession of the lands transferred to them by virtue of the sale deeds for consideration executed by the appellant and the contesting respondents have no right, title and possession over the land which they have acquired by purchase. It is alleged that defend ant - respondent No. 7 Isa Khalifa has purchased 50 decimals in plot No. 161. 34 decimals in plot No. 160 and 15 decimals in plot No. 163 from Nagia Biwi, the transferee of the appellant by virtue of the sale deed dated 10.10.1963 and he is in possession over the same and paying rent to the State and defendant -respondent No. 8 Matahar Mian has purchased 27 decimals of land of plot No. 160, 38 decimals of land of plot No. 160 and again 40 decimals of plot No. 160 by virtue of the sale deeds dated 07.12.1956. 21.08.1956 and 23.03.1957 respectively either executed by the appellant or his brother Ismail and he is in possession over the same and paying rent to the State. Defendant -respondent No. 9 Taj Mohammad has purchased 35 -1/2 decimals of land of plot No. 290 from the appellant by virtue of the registered sale deed dated 10.07.1969 and he is in cultivating possession over the same and paying rent to the State.