JUDGMENT :

1. Appellants are the defendants who have preferred the appeal against the Judgment of reversal passed by 3rd Additional Judicial Commissioner, Ranchi in Title Appeal No.93 of 1992 whereby the plaintiff’s appeal has been allowed.

2. The parties shall be referred to by their original placement in the suit and shall include their legal representatives who have been substituted from time to time.

3. The plaintiffs filed the suit for declaration of their title and possession over entire R.S. plot No. 218, Khata No. 20, situated in village Kamato Martin Bungla, Revenue Thana Khunti, Dist- Ranchi measuring an area of 0.82 acres, and in the alternative for recovery of possession over the said land, if the plaintiffs were not found in possession and also the cost of the suit.

4. The case of the plaintiffs is that the Schedule-A property described in the plaint had been recorded in the Revisional Survey Record of Right as “Beyani Bakabzey” of Johan Munda son of Danel Munda. The relevant khata has however been recorded in the name of Duga Munda, Kuwar Munda both sons of Kande Munda, Sukhu Munda son of Mochi Rai Munda and Matia Munda son of Jega Munda have been recorded. Johan Munda and his full brother Amos Munda were joint so the suit property recorded “Beyani Bakabeja” was held and possessed by the said two brothers as their joint property. The heirs of said Johan Munda and Amos Munda are still joint. The aforesaid two brothers are dead and are survived and succeeded by their sons and heirs who are the plaintiffs and deft. No. 5 & 6. They have perfected their right title over the suit property by prescription and adverse possession. The plaintiffs and deft no. 5 & 6 are in peaceful exclusive possession of the suit property.

5. The further case of the plaintiffs is that the suit property was in possession of the said Johan Munda who died in the year 1964 and his brother Anas Munda since deceased and is now in cultivating possession of the plaintiffs and deft. No. 5 & 6. The last surviving recorded raiyat Duga Munda died issueless in 1982.He had been to Assam but returned from there and lived in his village Kadma Jogo Toli till his death. The necessary steps for escheat of the lands of R.S. Khata No. 20 except the suit land has been recommended to be initiated in the Circle Office, Khunti. Deft. No. 1 managed to get a sale deed registered fraudulently in her favour on 04.03.1959 from one Most. Bagru Budhani who was described as widow of Lodoy alias Ande Munda with respect to a portion of the suit property measuring 0.44 acre out of total of 0.82 acres. Bagru Budhani was not the heir of the recorded raiyats and had no right and title to transfer the said property. She being a widow belonging to the Munda tribe was not entitled to inherit the property of her deceased husband and had no title and could not have transferable right therein. The said Bagru Badhani died during the life time of the recorded raiyat Duga Munda and she was not related with the said recorded raiyat. The sale deed was only a paper transaction and deft. No. 1 never came to hold and possess the suit land. The deft. No. 1 having failed in her efforts to grab the suit lands had fraudulently tried to create three sale deeds in the year 1986 two in favour of her two daughters who are defendant Nos. 2 & 3 with respect to 0.26 acre of the suit property to each of them and the third with respect of 0.30 acres to deft.no. 4. By using this document the land has also been illegally mutated in their favour. The said transfers have not conferred any title or possession over the suit property. The defendant nos. 1 to 4 by taking the law in their hands tried to take forcible possession of the suit property but their efforts was foiled and the plaintiffs and defendant nos.5 & 6 continue to be in possession of the suit property in their own right title and interest. The creation of the aforesaid deeds of transfers have cast a cloud over the title of the plaintiffs and deft. Nos