CHANDRAMA DEVI Vs. PUNA DEVI

JUDGEMENT

(1.) THIS is the defendants' appeal against the judgment and decree of affirmance passed by learned Additional District Judge, Jamshedpur in Title Appeal No. 41 of 1999 affirming and upholding the judgment and decree of learned Trial Court.

(2.) THE plaintiff had filed Title Suit No. 54 of 1991 in the Court of Subordinate Judge, Jashedpur praying decree for declaration that the plaintiff is the absolute owner of the suit property and that the defendants have got no manner of right, title and interest thereof. The plaintiffs also sought declaration of right, title and possession.

(3.) THE defendants appeared and contested the suit. It was, interalia, stated in the written statement that the house standing on the suit land belongs to Binod Kumar Bhagat and his co -sharers. There was no partition amongst the co -sharers of Binod Bhagat. Ganesh Bhagat had no right, title or interest or possession over the suit land or the house. The agreement dated 30th January, 1984 and subsequent document of power of attorney were all collusive and manufactured documents and the said documents did not confer any right, title and possession over the suit land. Ras Bihari Mondal has been in possession of the suit land since long. Even before initiation of the proceedings under Section 144 of the Code of Criminal Procedure in 1983, Gaya Singh, husband of the plaintiff had approached Ras Bihari mondal to purchase the land for consideration of Rs. 25000A. Out of that, Rs. 8,910/ -was agreed to be paid in advance. Subsequently, the agreed advance was not paid and Ras Bihari Mondal did not executed sale deed in favour of the plaintiff. Ras Bihar Mondal, all along remained in possession. He also constructed the house. The said Ganesh Bhagat had no right to enter into any agreement for sale or executed any sale deed in favour of the plaintiff and the sale deed dated 04.10.1985 was mere a paper transaction. No title passed on the basis thereof.