CHAITANYA DEO MAHTO Vs. DHIRAJ MAHTO

JUDGEMENT

(1.) This Second Appeal is filed challenging the legality of the judgment dated 15.02.2016 passed by the learned Additional Judicial Commissioner-XI, Ranchi in Title Appeal No.51 of 2014 which has been preferred against the judgment and decree dated 20.06.2014 and 04.07.2014, respectively passed in Title Suit No.260 of 2007 passed by the learned Additional Munsif-II, Ranchi.

(2.) The case of the plaintiff in the court-below was that as an owner of the land appertaining to Khewat No.39/2, Khata No.699, Plot No.6155 and 6156 admeasuring an area of 9 decimals and 5 decimals, respectively executed a sale deed in favour of the respondents/defendants Dhirja Mahto and Duryodhan Mahto in the year 2002 in respect of 3 decimals of land from Plot No.6155 and 2 decimals from Plot No.6156 @ Rs.2700/- per decimals. It is further contended that at the time of execution and registration of sale deed the defendants promised and agreed to pay the consideration amount at their residence but later on they denied to pay the same even after issuing a legal notice to them. The plaintiff has further contended that on the basis of the sale deed No.6956 when the Circle Officer, Sonahatu went to the land in question for measurement, he raised an objection and in consequence the Circle Officer has returned without measurement on 29.11.2007 and 05.12.2007 giving rise to a cause of action in favour of the appellant/plaintiff.

(3.) The defendants appeared in the suit and they pleaded that the suit is not maintainable as barred by law of limitation and principles of waiver, estoppel and acquiescence.