MUNGESHWAR SAHOO, J.:–The plaintiff-appellant-appellant has filed this Second Appeal against the judgment and decree dated 13.09.1991 passed by the learned 5th Additional District Judge, Gaya in Title Appeal No.02 of 1991/44 of 1988 whereby the lower appellate court dismissed the appeal and thereby confirmed the judgment and decree of the trial court dated 23.02.1988 passed by the Munsif 3rd, Gaya in Title Suit No. 23 of 1985.

2. The plaintiff-appellant filed the aforesaid suit for declaration that the deed of gift executed by Gopi Sao in favour of Poona Devi and the Purcha and Khatiyan under Section 106 of the Bihar Tenancy Act are void, illegal and not binding on the plaintiff. Further the plaintiff has prayed for recovery of possession if found dispossessed during the pendency of the suit. The plaintiff also prayed for injunction.

3. The plaintiff claimed the aforesaid relief alleging that the suit property relates to 12 dhurs of Cadastral Survey Plot No.772. The total area measuring 1 katha 4 dhurs belonged to Doman Ram Halwai who died leaving behind four sons, namely, Lakshman Ram, Panchu Ram, Antu Ram and Gopi Sao. On 15th Jeth, 1951 the aforesaid four sons partitioned the house and other properties by private partition. In that partition 4 dhurs in the house was allotted in favour of Lakshman Ram, 4 dhurs in favour of Panchu Ram and 4 dhurs in favour of Gopi Sao. Because they were allotted in front of the portion, Antu Ram was allotted 8 dhurs in the back portion of the house and since then they became separate in all respect. Antu Sao sold the aforesaid portion measuring 8 dhurs to Tara Devi by registered sale deed dated 07.08.1951. After purchase, Tara Devi came in possession in that portion of the house. Panchu Ram also sold his share measuring 4 dhurs to Bhagwan Sao Halwai by registered sale deed dated 13.08.1951 who came in possession of the same. After his death, his son Mohan Halwai came in possession and started residing in the said portion. The plaintiff purchased that portion measuring 4 dhurs from Mohan Halwai and his minor son Gauri Shankar by registered sale deed dated 06.12.1979 and he came in possession over the same. The plaintiff also purchased the area measuring 8 dhurs from Tara Devi by registered sale deed dated 06.12.1979. Since after purchase the plaintiff came in possession and is living there with his family members. Further case of the plaintiff is that one Ram Prasad, who claims to be the son-in-law of Gauri Shankar Sao on the basis of manufactured and collusive gift deed alleged to have been executed by Gauri Shankar Sao in favour of his wife Poona Devi, is claiming the entire suit Plot No.772. Hence the suit was filed.

4. The defendant nos.1, 2, 3 and 6 filed contesting written statement alleging that Gauri Shankar Sao was the karta being the eldest son. Antu Sao abandoned the house and went to his Sasural and settled there. Panchu Sao had no issue, therefore, he also abandoned and went to Koderma long ago and he died there. Gauri Shankar Sao had a daughter, defendant no.6, namely, Poona Devi who is married to Ram Prasad Halwai (defendant no.1). The wife of Lakshman Sao predeceased him and he had no female issue, therefore, Gauri Shankar Sao kept his daughter Poona Devi and her husband as Gharjamai since the time of their marriage. Gauri Shanker Sao and Lakshman Sao being pleased with the service of Poona Devi and defendant no.1 released the suit house orally in favour of Poona Devi with consent of all other co- sharers in the year 1950. Subsequently both of them died and thereafter defendant no.1 and his wife (defendant no.6) are continuing in possession with their family members in the suit premises for the last more than four decades as such they have acquired title by adverse possession and ouster. The purchase made by the plaintiff is denied by the defendants and alleged that the purchasers i.e. Tara Devi and Bhagwan Das Halwai never came in possession of the property purchased by them. Th

Click Here to Read the rest of this document