The validity of registered sale deeds and the importance of possession in determining ownership.

JUDGMENT :

1. Defendant No.3 has filed present appeal under Section 96 of the CPC challenging the judgment and decree dated 28.02.2015 passed by the learned Additional District Judge (FTC), Jashpur in Civil Suit No. 2- A/2013 by which the learned trial Court decreed the suit in favour of the plaintiff holding that the plaintiff is the title holder and in possession of the suit property bearing Khasra No. 779/2 area 1.197 Ha, Khasra No. 799/2 area 0.247 Ha. and Khasra No. 799/3 area 0.809 Ha situated at village Nakbar, P.H. No. 32, RI Circle Kansabel, Tahsil Bagicha, District – Jashpur and sale-deed dated 23.07.2003 is null and void.

2. For the sake of convenience parties would be referred to as per their status shown in the suit filed before the trial Court.

3. The brief facts as reflected from the plaint averments are that the plaintiff has filed civil suit for declaration of title and for declaring the sale deed dated 23.07.2003, order dated 08.08.2002 passed in the Revenue Case as null and void contending that the land bearing Khasra No. 779/2 area 1.197 Ha. Khasra No. 7999/2 area 0.247 Ha. And Khasra No. 799/3 area 0.809 Ha. situated at village Nakbar P.H. No. 32, Revenue Circle Kansabel, Tahsil Bagicha, District – Jashpur hereinafter referred to as suit property was recorded in the joint name of Birsai S/o Pahaharu, Baisam, Bhosa, Sheela D/o Mangru till 1978-79 which has been sold to Juliyus S/o Bolo Uraon of Village- Nakbar through the registered sale deed dated 04.05.1978 for sale consideration of Rs. 2500/- wherein in the sale deed, Birsai S/o Pahaharu, Baisam, Bhosa & Sheela have put their thumb impression. Narendra Kumar and Josheph have signed as witness and the possession of the suit property was given to Juliyus S/o Bolo Uraon.

4. On the basis of sale deed dated 04.05.1978, name of Juliyus S/o Bolo has been recorded in the revenue record. Thereafter, he is doing agriculture work. Juliyus expired on 15.08.1979 thereafter his sole son Sukra being legal heir of deceased his name in the suit property was recorded. Therefore, Sukra became title holder of the suit property and was utilising the suit property for agriculture work. Thereafter, on 08.06.2001 he sold the suit property to the plaintiff by a registered sale deed for a sale consideration of Rs. 1,00,000/- and handed over possession to the plaintiff. On the basis of registered sale deed dated 08.06.2001, vide order dated 11.08.2001 passed by the Tahsildar, Kansabel name of the plaintiff was recorded in the revenue record on 08.02.2002 and thereafter he is in possession of the suit property and doing agriculture work. Aggrieved with the order dated 11.08.2001, Defendant No. 1 Bhousa preferred an appeal before the SDO (Revenue), Bagicha. The SDO(Revenue) vide order dated 08.08.2002 set aside the order of the Tehsildar dated 11.08.2001 and directed for recording of name of Bhousa again in the revenue record. As such, defendant No. 1 claiming himself owner of the suit property bearing Khasra No. 779/2 area 1.197 Ha. has sold the land through registered sale deed dated 23.07.2003 to defendant No. 3 Amrensiya Toppo W/o Kishore Toppo. It has been further contended that the plaintiff being aggrieved with the order dated 08.08.2002 preferred revision before the Board of Revenue which was dismissed for want of prosecution on 10.07.2003. This has compelled him to file the suit and has prayed for setting aside order dated 08.08.2002 passed by the SDO (Revenue).

5. The defendants No. 1 to 3 have filed their written statement denying the allegation in the plaint contending that description of the plaintiff and defendant No. 2 have wrongly been mentioned. Correct description of the plaintiff is Naiman S/o Khesho village Chhafjibati P.S. Diwapur, Tahsil – Neuland District – Dinapur Nagaland and correct description of defendant No. 2 is Sukra S/o Lazhrush, Chaibagan Thana - Rajmoitahra, Dibrugarh, District – Dibrugarh (Assam). It is contended that sale deed has been executed in favo