JUDGMENT

Appellants are the Defendants who have preferred the appeal against the judgment passed by the District Judge, Chatra allowing Title Appeal No. 41/2004 and setting aside the judgment and decree dated 27.08.2004 passed by Munsif in Title Suit No. 03 of 1990.

2. The plaintiffs/respondents filed Title Suit No. 3/1990 for declaration of title and confirmation of possession and in the alternative for recovery of possession which respect to the suit lands appertaining to khata no. 21 measuring an area of 3.50 acres.

Plaintiffs’ case

3. The plaintiffs claim the suit property as reversioner of Fuchan Teli who died issueless in or about 1930 in the state of jointness with their ancestor Gopal Teli. Widow of Fuchan Teli died shortly thereafter and Gopal Teli became the owner of the land. Gopal Teli died in the year 1945 leaving behind his only heir Sohrai Teli who came and continued to be in possession of the same. The plaintiff no.1 Dashrath Sahu is the son of Sohrai Teli, whereas Plaintiff no.2-4 are the sons of Dashrath Sahu who formed the joint Hindu family.

4. Cause of action arose after the defendants started disturbing their peaceful possession consequently a proceeding was initiated by the plaintiffs under Section 144 of the Cr.P.C in respect of land under khata no.21. From the show cause filed by the defendants the plaintiffs came to know that the defendants were claiming the land under Court auction purchase in execution case no. 62/1935-36 filed against Kishuni Teli W/o Fuchan Teli who had died soon after the death of her husband. The land lord had no right to auction sale the land as there was no arrear of rent and the sub divisional officer had no authority or jurisdiction to grant sale certificate.

Defendants’ Case

5. The Defendants contested the case by filing written statement stating inter alia that Fuchan Teli was independent and separate and acquired the suit lands under khata no.21 prior to cadastral survey out of his own income and similarly the land of khata no. 7 was acquired by Gopal Teli. Similarly the lands of khata No. 7 was acquired Gopal Teli and his name was recorded in survey khatian and both these khatas were never joint property of Fuchan Teli and Gopal Teli. Fuchan Teli died in or around 1930 leaving behind widow Most. Kishuni Teli who came in exclusive possession of the suit land as absolute owners.

6. After the death of Fuchan Teli, the rent of suit land fell in arrears and a rent suit was filed by the Manager of the Court of wards of Ramgarh Estate against the widow of recorded tenant Most. Kishuni Telin, and obtained a decree followed by Execution Case No. 62 of1935-36 in which the suit land was sold by Court auction. Chhathua and Kailu Singh purchased the same and were granted sale certificate on 25.11.1935 . After auction purchase both were put in khas possession of the suit land through processes of the court and they became exclusive owner and all rights, title of the recorded tenant or their ancestor stood extinguished.

7. The defendants were making payment of rent to the ex-landlord after their purchase in auction sale for which they were granted rent receipts and thereafter they got their names mutated in Government Seristha and rent receipts were also granted and they have been coming in peaceful possession. Before vesting of Zamindari, the ancestors of the defendants had applied for reduction of rent for which rent reduction purcha was also granted to them. The heirs of Chhathu Teli and Kailu Singh had partitioned their lands of khata no.21 and now paying rents separately against separate rent receipts for each of the land of Khata no.21. In this way, the defendants have denied the right, title, interest and possession of the plaintiffs/appellants over any portion of the suit land.

8. The following issues were framed by the trial Court which are as follows:—

(i) Is the suit as framed maintainable?

(ii) Is the suit barred by law of limitation, estoppel, acquiescence and adverse poss