The first appellate Court must consider all the reasons for decreeing a suit before reversing the judgment of the trial Court. An unregistered Kabuliyat without accompanying rent receipt cannot create any interest in land.

1. The appellants in the present second appeal were plaintiffs before the trial Court and are aggrieved by the judgment and decree dated 5.5.1995 and 19.5.1995 respectively, passed by the learned First Additional District Judge, Bhagalpur in Title Appeal No. 28 of 1993, whereby while allowing the title appeal, he has reversed the judgment and decree dated 17.4.1993 and 1.5.1993 respectively passed in Title Suit No. 46 of 1996 by learned Munsif, First, Bhagalpur. 2

2. I have heard Mr. S.K.Verma, learned Senior Counsel and Mr. Jitendra Kishore Verma with him on behalf of the appellants and Mr. B.P.Pandey, learned Senior Counsel on behalf of the respondents at length. The appellants were the plaintiffs before the trial Court and respondent, the defendant. Parties have been described in the present judgment as per their position in the Title Suit No. 46 of 1996

3. The suit was filed for a declaration that the plaintiffs had got valid right, title, interest and possession over the suit land as described in Schedule II of the plaint. The plaintiffs also sought for a declaration that the survey entry made in the name of the defendant with respect to the suit land was wrong, incorrect and without jurisdiction. The suit land has been described in Schedule II of the plaint as follows:-

“Land measuring .0085 Hector of basobas land equivalent 2 1/8 decimal situated on Nadiya Tola Kahalgaon forming part of L.S. Khesra No. 982 of L.S. Khata 113, corresponding to P.S. Khesra No. 202 Kha, Ga of P.S. Khata No. 138 being part of original holding No.155 present holding nos. 155 and 155 ka of ward No.3 situated within kahalgaon Municipality, District- Bhagalpur, bounded as follows:-

North South East West Part of P.S. Road Part of P.S. House & Gali Plot No. 203 Plot No.203 of Defendant Plot No. 202ka”

4. As per the plaintiffs’ case, L.S. Khesra (Last Survey Khesra) 982 having area of 31 Decimals, equivalent to 12 kathas 5 dhurs situated in Nadiya Tola Kahalgoan Municipality as recorded in last cadestral survey khatiyan and the maps, having actual area at the spot only as 28 and half decimal, belonged to Asha Lata Dasi, widow of late Dhirendra Nath and daughter of late Banwari Lal Khan. She had been coming in possession over the said land with house thereon all along, through her tenant State of Bihar and realizing rent as absolute owner and landlord of the said property. Her name stood recorded in Municipal records as well as in the records of the State of Bihar.

4. Narrating the story as to how Asha Lata Dasi acquired title over the said property, the plaintiffs averred that in Title Suit No. 51/1961/47 of 1964, title of Asha Lata Dasi was declared and symbolic possession of the property described in Schedule I of the plaint was delivered to her in Execution Case No. 15 of 1965 through Court on 5.11.1965, as the property was under occupation of the Police Department of State of Bihar, let out on rent and a town out post had been running thereon. Asha Lata Dasi and her two sons, namely, Panchanan Soubi and Ajit Kumar Sobui sold away the property, fully described in Schedule I of the plaint to Plaintiff no.1/appellant no.1 for valuable consideration through two registered sale deeds dated 30.7.1981 and 6.8.1981 in his favour and in favour of his brother’s wife, namely, Rekha Sah, plaintiff no.2/appellant no.2. The property so purchased was described in Schedule I of the Plaint. By virtue of such sale deeds, name of the plaintiffs were recorded in Kahalgaon Municipality as well as in the sirista of the State of Bihar and the receipts were being issued in the name of the plaintiffs and they had been in possession of tax and rent receipts. The plaintiffs further pleaded that revisional survey was conducted in Kahalgaon under Bihar and Orissa Municipal Survey Act in or about the year 1978 and being fully satisfied with the title and possession of said Asha Lata Dasi, the plaintiffs vendor; recorded the said L.S. Khesra No. 982 corresponding to P.S.