N.N. Tiwari, J.

1. This Second Appeal is against judgment and decree of reversal, filed by the Plaintiff-Respondent-Appellant.

2. The Plaintiff filed Title Suit No. 15/ 86 in the Court of Munsif, Gumla praying relief, inter alia, for cancellation of the sale deed No. 2032/79 dated 10.11.1979 and declaration of their right, title and interest with respect to the property which was the subject matter of the said sale deed and which was fully described in Schedule B of the plaint. The Plaintiff had also sought for confirmation of possession and alternatively for recovery of possession of the said Schedule B property.

3. The Plaintiffs case was that the land of Plot Nos. 702, 929, 1336, 1338 and 1430 appertaining to Khata No. 48 of village Bhargaon P.S. Sessai within the District of Gumla were recorded in the name of Dashrath Dhobi son of Bahuran Dhobi. Dashrath Dhobi died leaving behind two sons Chander Dhobi and Shalik Dhobi. Said Chander Dhobi was married to a lady of village Murmu but she died issueless. He then married another lady of village Amalia within the District of Gumla but she also died issueless then he kept the defendant No. 1 Nirsa Dhibin for his household work. Defendant No. 1 Nirsa Dhibin, was already married and she had a son and a daughter from Sohar Dhobi of village Konbir and both were alive. After the death of Dashrath Dhobi ancestral property described in Schedule B remained joint in the hands of his sons Chander Dhobi and Shalik Dhobi. When Chander Dhobi died, the said property exclusively succeeded by the sons of Shalik Dhobi who came in joint possession of the said property. It was stated that the defendant No. 1 Nirsa Dhibin without having any title or possession over the suit land illegally executed the registered sale deed No. 2032/79 dated 10.11.1979 purportedly transferring the Schedule B property in favour of Khedua Braik defendant No. 2. It was further stated that the said Nirsa Dhibin had no right, title and possession over the said land described in Schedule B of the plaint and she had no authority to transfer the same to anybody and as such by the sale deed defendant No. 2 Khedua Braik did not derive any title or possession over the Schedule B lands. However, on the basis of the said forged and fabricated sale deed, the defendant started laying false claim over the suit land. Hence the suit was filed.

4. The defendants case was that the genealogy given by the Plaintiffs was not correct and the defendant No. 1 Nirsa Dhibin was legally married wife of Chander Dhobi and she was not a maid (Dhangrin). The property belongs to the members of Dhobi Community where remarriage is not illegal. Re-marriage is permissible after the death of husband as the case may be. It was stated that after the death of earlier wife of Chander Dhobi said defendant No. 1 was married with Chander Dhobi and became his legally married wife. The defendant took plea that there was a partition between the brother Chander Dhobi and Shalik Dhobi and the lands of Schedule B were allotted to Chander Dhobi who remained in exclusive possession of the same. After the death of Chander Dhobi, the defendant No. 1 inherited the said land and came in peaceful possession of the same. Defendant No. 1 thereafter got her name mutated in respect of the properties of her husband and had been paying rent. It was stated that she had every right to execute the sale deed in exercise of her legal right and transfer the said property in favour the defendant No. 2 who had been in peaceful possession of the transferred land.

5. On the basis of the said pleadings several issues were framed. The parties led evidence in support of their respective claims. Learned trial Court, after thorough consideration of the evidences and materials on record, came to the findings that Nirsa Dhibin was not a legally married wife of Chander Dhobi and there was no previous partition between Chander Dhobi and Shalik Dhobi. It was held that said Nirsa Dhibin was the