A certified copy of a registered sale deed is deemed a public document under Section 74(2) of the Indian Evidence Act and admissible in evidence as secondary evidence of the public record, according to Section 57(5) of the Registration Act.

JUDGMENT :

ARUN KUMAR JHA, J.

The present petition is filed for setting aside the order dated 17.10.2019 passed by the learned Sub Judge-1^st, Siwan in Title Suit No. 510 of 2016, whereby and whereunder the learned trial court marked the certified copy of sale deed as exhibit after taking the same on record.

2. Briefly stated, the facts of the case are that the petitioner is the plaintiff before the learned trial court and has filed Title Suit No. 510 of 2016 for declaration of his right and title over the suit land and also for declaration that the defendants have no right or title over the suit land on the basis of their sale deed. Further relief of confirmation of possession has also been sought for. Further, declaration has been sought that sale deed dated 26.07.2013 is illegal and void and has been executed without consideration. According to the plaintiff, Khata No. 336 of R.S. Khatiyan was prepared in the name of Sheikh Hafiz Fakir whose only son died during the lifetime of his father. On 04.07.1945, Sheikh Hafiz Fakir executed a Hiba in the name of his wife Bibi Takdiran and delivered her the possession of the gifted property. Two more deeds were also executed by Sheikh Hafiz Fakir on 01.06.1944 and 04.07.1945. However, dispute arose in the family and Arbitrators were appointed on 24.08.1947 by the agreement of the parties and the Arbitrators settled the matter on 06.05.1948 and gave 2 anna share to Bibi Takdiran in the property. Further, share was allotted to other relatives from the Schedule-1 property. One such co-sharer Bibi Hamidan sold her 2 anna share to one Abdul Rahman vide registered sale deed dated 06.10.1948 and the purchaser came in possession of his purchased land. This Sheikh Abdul Rahman sold out the disputed plot from his purchased property in favour of one Basir Sah and Sheikh Abdul Aziz vide registered sale deed dated 16.03.1950. The disputed plot of Kheshra No. 4948 was divided in half between Basir Sah and one Jaubunisha as Sheikh Abdul Aziz was only a name lender. Basir Sah transferred his share of land in the Plot No. 4948 to the plaintiff/petitioner vide registered sale deed dated 09.09.1967 and gave him the possession. The plaintiff got his name mutated in the records of the Government of Bihar and started paying rent to the State Government. Thereafter, the plaintiff purchased 1 katha land of Khata No. 329 Kheshra No. 4949 on 13.04.2011 from one Nuzhat Ara for the convenience of right of way. As the defendant no.1 started interfering in the right, title and possession of the plaintiff, the plaintiff filed the suit with the relief as already noted. The defendants appeared and filed their written statement denying the claim of the plaintiff except that deed of Hiba was executed by Sheikh Hafiz Fakir in favour of his wife Bibi Takdiran with respect to 4 bigha 11 katha 15 dhur of land. Bibi Takdiran executed a sale deed on 05.05.1950 in favour of one Radha Krishna Prasad and Maulivee Aziz Haque. Delivery of possession was also given to them. Defendant no.2 is the son of Radha Krishna Prasad who sold the land to defendant no.1 on 25.07.2013. The matter proceeded and the learned trial court directed the parties to adduce their oral as well as documentary evidence. The plaintiff adduced his evidence and after closure of the evidence of the plaintiff, the evidence of the defendants was started. When the evidence of defendants was about to be closed, t