MEENA DEVI Vs. BANARSHI LAL ARORA

JUDGEMENT

(1.) Heard Mr. Kushal Kumar, learned counsel appearing for the appellants.

(2.) The second appeal has been filed against the judgment dated 22.02.2016 (Decree signed on 03.03.2016) passed by learned District Judge-V, Jamshedpur in Title Appeal No.46/2012 whereby and whereunder the learned court below dismissed the appeal preferred by the appellants and confirmed the judgment dated 29.02.2012 (Decree signed on 15.03.2012) passed by the Civil Judge (Sr. Div.)-V, East Singhbhum Jamshedpur in Title Suit No.69/1999.

(3.) It transpires from the judgment of the court below that the respondent/plaintiff has instituted the suit for a decree for declaration of title over the suit land and for recovery of possession of the suit land after removing the unauthorized structure raised by the defendants. The said suit was registered as Title Suit No.69 of 1999 wherein respondent/plaintiff's case was that the suit land measuring 0.05 acres being a portion of plot no. 500, khata no. 327, situtate at Mouza Klimati, P.S. Parsudih, Distircit East Singhbhum, with a kutcha house of khapra roof bounded North-Market, South-Rasta, East-Shambhu Guha and West Sheo Kumar. The suit land along with other lands previously belonged to Abdul Rauf, son of the Salamat and Hazra Khatoon wife of late Mahboob Hussain @ Parsuhasal, H/o Hazra Khatoon in Khata No. 327, but there was a spelling mistake in the name of Mahboob Hussain. After the death of Mahboob Hussain his interest in the said land devolved upon Hazra Khatoon his widow as his legal heir and successors. While Abdul Rauf and Hazra Khatoon were in peaceful possession of the suit land, they transferred the suit land to the respondent/plaintiff by means of registered deed of sale dated 19.08.1988 bearing deed no. 5347 and delivered possession of the said land to the plaintiffs. Since the aforesaid purchase the plaintiff came in peaceful possession of the said land got his name mutated in the office of the State of Bihar and paying rent for the said land to the State of Bihar. It was further case of the respondents/plaintiffs that prior to acquisition of the land by Abdul Rauf and Mahboob Hussain the suit land belonged to one Hasina Bibi, wife of Bajir Ali Phahalwan and accordingly the same was recorded in her name in R.S. Khata No. 221 of Mouza Kalimati. Hasina Bibi had also land and properties in Mouza-Jugsalai, apart from the suit land and other lands. Said Hasina Bibi by means of registered deed of gift dated 01.05.1958 bearing deed no.2709 gifted the lands of Mouza Kalimati of R.S. Khata No.221, R.S. Plot No.37/767 measuring 0.11 acres along with her Jugsalai property to Abdul Rauf and Mahboob Hussain both sons of late Salamat Ali, who came in possession of the said land and paying rent to the State of Bihar and thereafter R.S. Plot No.37/767 came to be recorded in the names of Abdul Rauf and Mahboob Hussain in Plot No.500, Khata No. 327 of Mouza Kalimati in last survey of 1964. It was further case of the respondents/plaintiffs that Abdul Rauf and Mahboob Hussain were carrying on business at Baripada in the District of Mayurbhanj(Orissa). They had also house at Jugsalai where some of their family members were residing and in some portion were being used for Nursing Home. The defendant (Raj Kumar Yadav, now deceased) was residing in the house of one Badri Lal as a tenant which is adjacent to the suit land. The defendant taking advantage of absence of Abdul Rauf and the family members of Mahboob Hussain from Jamshedpur in the month of September 1987 trespassed into a portion of the suit land and constructed Jhopri in order to keep Idols of mud manufactured by the defendants in the said place. Plaintiffs have further pleaded that the defendants after succeeding to occupy a portion of the suit land along with Gopal Paul (Murtiwala) and Narayan Ghosh, filed a Title Suit on 11.11.1987 bearing T.S. No. 216/1987 in the Court of Munsif at Jamshedpur against the plaintiffs and some other persons and sought a decree for permanent injunction against the defendants. The plaintiffs of the suit were made defendant nos. 3 and 4, respectively, and in that suit, they filed a written statement along with one Sheo Kumar Arora, defendant no. 2 of that suit. It was further pleaded that to hold that the plaintiffs of the said Title Suit No. 216/1987 had no title over the suit land by virtue of alleged purchase, nor they acquired title by virtue of adverse possession, by his judgment dated 09.08.1992. The present suit land is a portion of subject matter of said T.S. No. 216/1987. After the disposal of aforesaid T.S. No. 216/1987 in the month of August 1992, the appellants/defendants in connivance with each other trespassed into the Kutcha House constructed by the vendors of the respondents/plaintiffs from that place and they also extended the Jhopri over the suit land with tin roof. The suit land and the Kutcha room thereon belonged to the plaintiffs. The appellants/defendants are in illegal possession of the suit land.