SAFIRAN BIBI ALIAS SAFIRAM Vs. MANAGER MIRZA

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This appeal has been preferred against the judgment and decree dated 27th November, 2002 passed in Title Appeal No. 49 of 1987/57 of 2002 whereby the appeal has been allowed in part. The plaintiff-respondent filed Title Suit No. 89 of 1985 in the Court of the Munsif, Giridih seeking relief for declaration of right, title and possession and declaring that the sale deed executed by the plaintiff, namely, Rasool Mirza in the year 1957 is a fabricated document. The plaintiff also prayed for confirmation of possession or alternatively for recovery of possession. The plaintiffs' case was that the land of Khata No.69 of Village Sigdardih, P. S. & District Giridih was recorded in the name of Johan Mirza. After his death his son Rasool Mirza came in possession of the suit land. The defendant falsely claimed that Rasool Mian has transferred the land of Khata No. 69, Plot No. 274 in his favour in 1953. Though Rasool Mirza never executed any sale deed and any such deed must be forged and fabricated. The Circle Officer, after due inquiry, had rejected the defendants' application for mutation, but the D.C.L.R. contrary to the record, allowed the mutation in favour of the defendant by his order dated 15-7-1985 which gave rise to the cause of action for the suit.

(3.) The defendant admitted that the suit land belonged to the ancestor of the plaintiff and the defendant No.1 and father of defendant Nos. 2 to 4 had purchased 0.34 acres of land out of 0.77 acres of Plot No. 274 from Rasool Mirza, the father of the plaintiff by virtue of registered sale deed dated 9-5-1993 and since then they have been in possession and they also got their land mutated in the office of Anchal Adhikari and have been paying rent and getting receipts regularly. It was stated that there was mistake in plot number and as such an application was filed for correction of the mistake in the register that was also allowed. The defendant have claimed that they have constructed a house as far back as in the year 1955 and they have also raised compound wall and dug a well on a portion of the suit land and they have been in possession of the same continuously to the knowledge of the plaintiff.