Arun Kumar Jha, J. – The instant appeal has been filed under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) against the judgment and decree dated 12.03.2008 and 29.03.2008, respectively, passed in Title Appeal No. 53 of 2005 by the learned Additional District & Sessions Judge, Fast Track Court No. 1, Nalanda reversing the judgment and decree dated 19.10.2005 and 27.10.2005, respectively, passed in Title Suit No. 162 of 2002 by the learned Subordinate Judge-I, Biharsharif (Nalanda) whereby decreeing the suit in favour of the plaintiffs/appellants.

2. The appellants were the plaintiffs/respondents and the respondents herein were defendants/appellants before the learned courts below. The plaintiffs before the learned trial court filed the suit for declaration of their title on the suit property mentioned in the plaint and also for partition of suit land to the extent of 50 paise and to carve out their shares by appointment of Survey Knowing Pleader Commissioner and also to declare the sale-deed dated 27.09.1967 forged and fabricated and also to set aside the sale deed. The suit property as described in the plaint is a residential house comprising of five shops bearing Holding No (old) 419 and 420 Holding No. (new) 549, 550 and 551 situated in Ward No. 28, its old Ward No. 8 of Mohalla Alamganj, Biharsharif, Nalanda measuring 54 feet from north to south and 30 feet from east to west which is which is bounded by road on norther and southern sides, east and west-NIL.

Case of the Plaintiffs:

3. One Ram Kishun Ram @ Fateh Ram was the common ancestor of the plaintiffs and the defendants, who had purchased the suit house from the income of joint family fund and came into its possession along with his brothers Lalu Ram and Nandu Ram. With subsequent partition, the suit house exclusively came in the joint possession of plaintiffs and defendants. Further case of the plaintiffs is that said Ram Kishun Ram @ Fateh Ram had four sons, namely, Ramji Ramdefendant no. 1, Punna Rma, Nageshwar Ram and Rajendra Ram-plaintiff no. 1 and two daughters Sabiya Devi and Jamuni Devi. Out of six siblings, Punna Ram, Nageshwar Ram and Jamuni Devi died issue-less and the wife of Ram Kishun Ram @ Fateh Ram died during his life time. Sabiya Devi was married with one Gopal Ram who has been made defendant no. 13 in the suit. Further case of the plaintiffs is that Ram Kishun Ram was the karta of the joint family and after his death, defendant no. 1 Ramji Ram became karta of the joint family and had been managing the entire affairs of the family. The plaintiffs and defendants were residing in the suit house along with their family members whereas shops existing in the suit house had been let out on rent to different tenants and the rent had been realized by defendant no. 1. When the plaintiffs demanded proportionate share in the rent, the defendant no. 1 did not pay any heed and evaded the matter and finally refused to give share to the plaintiffs. It has further been pleaded that when the plaintiffs asked the defendants to start their mess separately and also for repair of the house, then the defendants filed a case in Laheri Police Station and after inquiry report was submitted by the police for starting proceeding under Section 107 of Cr.P.C. against both the parties. It has further been pleaded that the plaintiff no. 1 had full faith and confidence on defendant no. 1, who used to take Left Thumb Impression (LTI) of plaintiff no.1 on blank papers and even on papers to be used in Government Department. If defendant no. 1 had manufactured any deed with the help of those papers, the same would be deemed to be illegal, void, not having binding effect and the defendants cannot take any advantage from it. The plaintiffs have claimed that the suit house is still joint and the plaintiffs have got unity of tile and unity of possession over the suit house along with defendants in which their shares are to the extent of half and the s