Concurrent findings by the trial and appellate courts affirmed that the defendants were in permissive possession as gratuitous licensees, while the plaintiff failed to establish valid ownership.

JUDGMENT :

(SANJAY KUMAR DWIVEDI, J.)

Heard Mr. Yogesh Modi, learned counsel appearing for the sole appellant.

2. This second appeal has been filed being aggrieved and dissatisfied with the Judgment dated 31.07.2024 and the Decree signed on 12.08.2024, passed by the learned District Judge-III, Dhanbad, in Civil Appeal No. 12 of 2023, whereby the learned appellate court has been pleased to dismiss the appeal and upheld the Judgment dated 30.11.2022 and the decree signed on 05.12.2022, passed by the learned Additional Civil Judge (Jr. Div.) Dhanbad, in Original Suit No. 503 of 2020.

3. Original Suit No. 503 of 2020 was instituted by the appellant-plaintiff for declaration that the defendants are in possession over the schedule premises under the status of gratuitous licensees and in permissive possession granted by the plaintiff and for the recovery of possession by ejecting the defendant from the schedule premises and handing over the vacant possession to the plaintiff and also for a permanent injunction restraining the defendants from interfering with free enjoyment of suit property by the plaintiff and from interfering with plaintiff possession over the suit premises and also restraining them from doing acts which is prejudicial to the interest of the plaintiff.

4. The case of the appellant-plaintiff is that the Raiyati lands situated within P.S. Dhansar, District Dhanbad, Mouza Dhanbad (Mouza No.51), appertaining to Khata No. 51, bearing Plot Nos. 899, 1179, 1200, 1518, 1560, 1558, 1565, 1566, 1567, 1622, 1664, 1745, 1978, 1990, 2032, 2082, 2085, 2095, 2100, 2104, 2642, 2787, 2789 & 2832 measuring total area 5.26 acres, originally owned and belonged to Dulal Sao and Ramu Sao sons of Late Dipan Sao, and accordingly stood recorded in their names in the Cadastral Survey Settlement Record of Rights. while possessing the same Dulal Sao and Ramu Sao got partitioned their aforesaid lands recorded under Khata No. 51 of Mouza Dhanbad, including other lands vide Registered Deed of Partition bearing no. 3494 in the year 1945 and as per terms of the said Deed of Partition the lands bearing Khata No. 51 of Mouza Dhanbad including other lands allotted to Dulal Sao, and whereas the lands situated in Mouza Hirapur, Khata no. 88 allotted to Ramu Sao and accordingly both the brothers came in peaceful separate possession of their respective allotted lands. While Dulal Sao in peaceful separate possession he sold and transferred his allotted share under Khata No. 51 of Mouza Dhanbad to Rafaquat Hussain Son of Farhad Hussain vide Regd. Sale Deed No. 7470 dated 08.11.1945 with valuable consideration and puts the vendee in peaceful possession thereof. Thus Rafaquat Hussain came in actual peaceful possession of the lands purchased vide Regd. Sale Deed No. 7470 dated 08.11.1945, and while possessing the same Rafaquat Hussain entered into a Sale Agreement dated 11.02.1948 with the Plaintiff, Banke Bihari Singh, and after receipt of the entire consideration money put the Plaintiff in peaceful possession thereof, and agreed to execute and register a proper Sale Deed in favour of the Plaintiff as and when he would be asked to do so, in the meanwhile Rafaquat Hussain died, and as such no Sale Deed could be executed and registered in favour of the Plaintiff in respect of the land covered under the Sale Agreement dated 11.02.1948, however the Plaintiff was/is continued to remain in peaceful possession .

5. It is averred that legal heirs and successors of late Ramu Sao illegally started claiming over the lands recorded under Khata No. 51 of Mouza Dhanbad, resulting that disputes & differences arose in regard to the possession of the land, and a proceeding under section 144 Cr.P.C. being M.P. Case No. 1089/1985 initiated at the instance of the Darbari Sao & Ors. which was ultimately dropped vide order 26.11.1985. Thereafter plaintiff filed Title Suit No. 89 of 1985 against Darbari Sao & Ors. which has been decreed vide Judgment & Decree dated 11.11.1986 passed by t