SUKARI DEVI Vs. GAGANDEO SINGH

JUDGEMENT

(1.) THIS appeal by the plaintiff-appellant is directed against the judgment and decree dated 24-8-1990 passed by 2nd Additional District Judge, Giridih in title Appeal No. 73/1988, whereby he has allowed the appeal and set aside the judgment and decree dated 10-5-1988 passed by 1st Additional Munsif Giridih in Title Suit no. 31/86. Consequently, the suit was dismissed.

(2.) PLAINTIFF/appellant filed aforementioned suit for declaration of title and confirmation of possession over the suit property Comprised within plot Nos. 80 and 339 situated in Mouza Jahria Gadi P. S. Giridih.

(3.) THE case of the plaintiff/appellant was that one Bulo Kumhar acquired an area of 1. 30 acres of plot No. 80 and 10 acres of area of plot No. 339 through settlement from the ex-landlord. After settlement he came in possession of the same. Bulo Kumhar died leaving two sons namely, Babulal Kumhar and Mishry Kumhar (defendant Nos. 2 and 3) who inherited the property and came in possession of the same. Defendant Nos. 2 and 3 namely, Babulal Kumhar and Mishry kumhar in order to pay debt proposed to sell the suit land to the plaintiff who agreed to purchase the same. Accordingly, the suit land was transferred in favour of the plaintiff by registered sale deed on 9-5-1974. Plaintiff after purchase came in possession of the suit land. However, on 15-10-1974 plaintiff gave chirkut to her husband defendant No. 3 to obtain sale deed from the Registry Office, Giridih. Defendant No. 2 after returning from Giridih told the plaintiff that the sale deed was not ready for delivery, he will bring the same later on. After some time, plaintiff came to know that defendant No. 2 cancelled the sale deed and executed a fresh sale deed in respect of the portion of the suit land in favour of defendant No. 1. Plaintiff and her husband enquired the matter and obtained certified copy of the sale deed on 30-9-76 and applied for mutation but the same was rejected. Plaintiff, therefore, filed suit for declaration of title and confirmation of possession.