ALIZAN AND ORS. Vs. RAMA DEVI AND ORS.

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 02.12.2009, decree dated 07.12.2009 passed and signed by the learned Addl. Judicial Commissioner, F.T.C., No. VI, Ranchi in Title Appeal No. 66/2008 by which judgment dated 30.05.2008, decree dated 13.06.2008 passed and signed by the Addl. Munsif -III, Ranchi in connection with Title Suit No. 58/2003 have been upheld and the appeal stood dismissed. The plaintiff is the appellant. The case of the plaintiff in brief is that they are descendants of recorded raiyat of Khata Nos. 295 and 296. In the last survey in the year 1932 Khata No. 296, plot No. 1081, 1243 and 1343 area measuring 1 acre 50 decimals were recorded in the name of Sk. Nezabuddin. In the remarks column against plot No. 1081 it was recorded that 95 decimal was in possession of late Prasad Sahu, son of late Ram Charan Sahu as Zerpesgi for five years. After death of Sk. Nezabuddin, the plaintiff being member of the joint family inherited the property of Sk. Nezabuddin. The defendants are sons of mortgagee Prasad Sahu. Further case of the plaintiff is that after long time when they could learn that suit land was mortgaged only for five years and the defendants have wrongly been enjoying the possession, the plaintiff requested the defendants to vacate the suit land but the defendants had not conceded the request and continued enjoying their peaceful possession over the suit land. The plaintiff then obtained copy of Khatian and other relevant papers and after having advice from the lawyer lastly requested the defendant to vacate the suit premises on 05.03.2003. When the defendant denied to do so, the suit was filed.

(2.) On the other hand, case of the defendant is that the suit land was mortgaged with Prasad Sahu by the ancestors of the defendants. Thereafter Sk. Nezabuddin executed registered sale cum surrender deed in favour of Jagniwas Narayan Tiwary. Further case of the defendant is that the suit property was then purchased by Prasad Sahu on valuable consideration and the mortgaged money was adjusted from the total consideration amount and registered sale deed was executed in favour of Prasad Sahu on 28.03.1936 and since then Prasad Sahu had been enjoying his right, title, interest and possession over the suit property and after death of Prasad Sahu the defendants came in possession.

(3.) It is further contended after abolition of Zamindari in the year 1956 the defendants were recognized by the State of Bihar and separate Khata was opened and since then they have been paying rent to the State of Bihar.