LAWS(JHAR)-2015-10-78

BHOLA MAHTO Vs. NIRPATH MAHTO AND ORS.

Decided On October 16, 2015
Bhola Mahto Appellant
V/S
Nirpath Mahto And Ors. Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30.01.2003 and 20.02.2003 respectively passed in Title Appeal No. 2 of 2002/109 of 2002 whereby the 6th Addl. District Judge, Giridih allowed the appeal and set aside the judgment and decree dated 19.12.2001 and 07.01.2002 respectively whereby Title Suit No. 63/97 was dismissed by the learned Munsif, Giridih.

(2.) This original suit i.e. Title Suit No. 63 of 1997 was instituted by plaintiffs, namely, Nirpat Mahto, Bhikho Mahto, Karman Mahto and Sukhdeo Mahto who are respondent No. 1 to 4 herein. Bhikho Mahto died pendente lite and is substituted by his legal representatives. Original defendant No. 1 -Bhola Mahto is the appellant herein. Defendant Nos. 2 and 3, namely, Bibi Madina Khatoon and Bibi Jahira Khatoon were proforma defendants and are respondent Nos. 5 and 6 herein. Bibi Zahira Khatoon died pendente lite and is substituted by her legal representatives.

(3.) Defendant No. 1 - Bhola Mahto, the present appellant, contested the suit claiming that Bibi Rafidan had transferred her entire interest in Plot No. 270, Khata No. 13 through registered sale deed dated 11.11.1954 in the name of Bharat Narayan Lal, therefore she did not have any right or authority to transfer any portion of land of Plot No. 270. Accordingly, the alleged sale deed of the year 1966 executed by Bibi Rafidan in favour of her daughter is a nullity in the eye of law. The defendant No. 1 claimed to have purchased the entire interest of Bibi Rafidan in Plot No. 270 through registered sale deed from the heirs of Bharat Narayan Lal.