JUDGMENT :

1. The appellant is the plaintiff, who has preferred the appeal against the Judgment of reversal passed in Title Appeal No.61 of 2004 by Additional District Judge, F.T.C., Koderma.

2. Since it is an old case, therefore the parties shall be referred to by their original placement in the suit and will include their legal representatives who have been substituted from time.

3. The plaintiff Gurucharan Modi filed T.S. No. 16 of 2000 in the Court of Munsif Koderma for declaration of his subsisting Raiyati Kaiyami right, title, interest, possession and concern over the suit land more fully described in the schedule of the plaint comprising of 1.07 acres of land in Khata No. 20 of Mauza Bhagadih and Khata No. 29 of Mauza Khutta, P.S- Satgawan, District- Koderma and in case of dispossession for putting in khas possession of it, and for declaration that registered deed of sale bearing No. 6647 dated 14.11.1946 and sale deed No.3350 dated 20.04.1955 to be null and void.

4. As per the Plaintiff’s case Jitan Modi was the recorded tenant who died leaving behind two sons Doman Modi and Kashi Modi. They amicably partitioned the properties of their father. The suit property fell in the share of Doman Modi. Kashi Modi died in 1944 issueless leaving his widow Dukhia Devi who died in the year 1945. The suit land was purchased by the father of the plaintiff, Ramtahal Ram by a registered sale deed dated 20.11.1946 from Doman Modi son of Late Jitan Modi who was the recorded tenant of the suit land for consideration of Rs. 600/-. After execution of the sale deed, Ram Tahal Modi came into possession of the suit land and was paying rent to the ex-landlord and State of Bihar. Ram Tahal Modi died on 19.08.1948 leaving behind one son namely the plaintiff.

5. Doman Modi died leaving behind two sons, Janki and Mani (defendant No. 1) Janki Modi died issueless. Mani Modi (defendant No. 1) has three sons namely defendant Nos. 2, 3 & 4. The defendant Nos. 1 to 4 started creating disturbance in the peaceful possession of the plaintiff filed a petition under Section 144 Cr. P.C. before S.D.M., Koderma which was registered as Case No. 10/98. S.D.M., Koderma illegally vacated the rule against 2nd party Mani Modi and others and made the rule against 1st Party absolute vide order dated 18.05.1999. The plaintiff preferred Revision bearing Cr. Rev. No. 166/1998 before Sessions Judge, Hazaribagh wherein it was observed by the Sessions Judge that order passed by S.D.M., Koderma cannot be used to the prejudice of the plaintiff.

6. During the proceeding under Section, 144 Cr. P.C. before S.D.M., Koderma, the defendant nos. 1, 2, 3 & 4 filed show-cause claiming title to a part of suit land on the basis of registered sale deed dated 14.11.1946 by Doman Modi in favour of Domini Modi and by another sale deed allegedly executed by Ram Tahal Modi @ Tahal Modi on 20.04.1955 in favour of the defendants Janki Ram, Mani Ram and Manager Ram. The sale deeds on the basis of which right title and interest has been claimed by the defendants are forged and fabricated as Ram Tahal Modi had died on 19.08.1948 and hence could not have executed sale deed on 20.04.1955. The claim that the Khata No. 20 and 29 were not recorded in the name of Jiwan Modi was factually incorrect and therefore the sale of the said land by Doman Modi in favour of Domini Modi was executed by an unauthorised person.

7. The case of the defendants is that that Khata No. 29 and 20, P.S. 138 and 139 respectively were admittedly recorded in the name of Jitan Ram son of Nandlal Ram of village-Khutta, P.S.- Satgawan, District- Hazaribagh now Koderma who was the grand-father of defendant no. 1 Mani Modi @ Manik Modi.

8. The possession of the plaintiff over the suit land has been disputed.

9. It has been pleaded in the W.S that Ram Tahal Modi died near about in the year 1959-60 and not in the year 1948. Ram Tahal Modi executed sale deed in favour of Mani Modi and Janki Modi in 1955 and since then defendants are coming in pe