MOST.RASIDA KHATOON Vs. SMT.SALMA KHATOON

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree dated 18.1.2005 passed by the learned Additional Judicial Commissioner, F.T.C. -V, Ranchi in Title Appeal No. 21 of 1999 upholding the judgment and decree dated 1.12.1998 passed by the learned Sub -Judge -IX, Ranchi in Title Suit No. 41 of 1992 and dismissing the cross objection filed on behalf of the Appellant.

(2.) THE Plaintiff -Respondent Nos. 1 to 2(b) filed this suit against the Defendant No. 1 -Appellant and Defendant Nos. 2 to 9 -Respondent Nos. 3 to 15 far declaration of their right, title and interest over the suit land.

(3.) THE case of the Plaintiff -Respondent Nos. 1 to 2(b) inter alia is that, the Defendant Nos. 2 to 9 are heirs of the recorded raiyats - 'adhbataidars' under Ramjan Khan, ex -landlord and as they failed to pay 'adhbatai produce, they surrendered the lands to Ramjan Khan. The Plaintiffs derived right, title and interest from the successors in interest of Ramjan Khan through soda hukumnama and oral gift coupled with possession; and that the Defendants Nos. 1 and 2 to 9 have no right, title and interest over the suit lands.