LAWS(JHAR)-2014-12-52

HAKEMA BEWA Vs. ANUP KUMAR MANDAL

Decided On December 04, 2014
Hakema Bewa Appellant
V/S
Anup Kumar Mandal Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 4th August, 2005 passed by 1st Additional District Judge, Pakur in connection with Title Appeal No.3 of 2004, whereby judgment dated 12th December, 2003 and decree dated 22nd December, 2003, passed and signed by Sub JudgeI, Pakur in connection with Title Suit No.21 of 1984 has been upheld.

(2.) PLAINTIFFFAZAL Sheikh was the appellant in the present appeal, who has been substituted by his legal heirs and successors by order dated 11th July, 2011.

(3.) THE case of the plaintiff, in brief, is that by virtue of registered sale deed (Deed No.3030 dated 5th October, 1978) executed by original Defendant No.4Ashutosh Singh, the plaintiff purchased suit property, area measuring 7 Kathas 7 Dhures out of Plot No.460 (eastern side) and 01 Bigha 11 Dhures out of Plot No.464/1178 . In due course, some litigation cropped up between the parties. The plaintiff realized inadvertent mistake occurred in the sale deed and, therefore, a deed of rectification dated 30th April, 1984 was again executed by original Defendant No.4 in favour of the plaintiff. It is further averred in the plaint that Radha Pyari Devi, mother of Defendant No.4 was having right, title, interest and possession over the suit property as also against other properties falling within other villages t o that vicinity. Radha Pyari Devi was having two sons, namely, Keshav Prasad Singh and Ashutosh Singh. Since Keshav Prasad Singh died, another brotherAshutosh Singh had inherited the property and acquired absolute right, title, interest and possession over the same. It is further contended that Defendant No.4 had sold the property fallen in his share to the plaintiff for valuable consideration and executed valid sale deed and also put the plaintiff in possession over the suit property.