IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No. 128 of 2012

1. Abdul Mannan

2. Hannan Sk.

3. Firoj Sk. @ Saptu Sk.

4(a) Nargisa Bibi

4(b) Rajia Bibi

4(c) Dolena Bibi

4(d) Sultan Thanedar

5. Nasima Bibi

6. Norjahan Bibi

7. Golenur Bibi @ Rebika

8(a) Musabbir Hussain

8(b) Firdos Bibi

9. Hasibur Rahman

10. Habibur Rahman

11. Idema Bibi

12. Muslema Bibi

13. Mujrameen Bibi

14. Mujefa Bibi

15. Majeda Bibi

16. Rashida Khatoon

17. Norjem Sk.

18. Sojam Sk.

.....

…

Appellants

Versus

1. Nurul Huda

2. Enamul Huda

3. Md. Aktar Jaman

4. Md. Badrudoja

5. Mst. Saban Bibi

6. Rahida Khatun

7. Ansar Sk.

8. Nur Amin

9. Maju Bibi

10. Kamala Bibi

11. Nespati Bibi

12. Badna Bibi

13. Saju Bibi

14. Ajeba Bibi

15. Arman Sk.

16. Matin Sk.

17. Atiur Sk.

18. Nazabor Sk.

19. Altafur Sk.

20. Latifur Sk.

21. Khadiza Bibi

22. Rajoba Bibi

23. Nosiba Bibi

24. Hasiba Bibi

25. Manauwara Bibi

..... …

Respondents

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellants

:

Mr. Ayush Aditya, Advocate.

For the Respondents

:

Mr. Birendra Kumar, Advocate.

: Mr. Md. Asadul Haque, Advocate.

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08/ 18.01.2023

Heard Mr. Ayush Aditya, learned counsel appearing for the

-2-

appellants and Mr. Birendra Kumar, learned counsel appearing for the

contesting respondents.

2.

This second appeal has been filed being aggrieved and

dissatisfied with the judgment dated 18.07.2012 and the decree following

thereupon signed on 24.07.2012, passed in Title Appeal No. 07 of 2007,

by the learned District Judge-I, Pakur, dismissing the said appeal and

thereby confirming the judgment dated 03.06.2007 and the decree signed

on 10.07.2007, passed in Title Suit No. 40 of 1993, by the learned Sub-

ordinate Judge-I, Pakur.

3.

The Title Suit No. 40 of 1993 was instituted by the

respondent-plaintiff for declaration that the plaintiffs and proforma

defendant have got their complete right, title and interest in the suit

property and further declaration that the registered deed of Hiba-Bil-Ewaz

No. 573 of 1945 is legal and valid and the defendant 1^st party, 2^nd party

and 3^rd party have no right, title or interest in the suit land and that any

subsequent deed or document if created is / are illegal, void and

ineffective and for recovery of possession and cost of the suit. The said

suit, on contest, was decided and the defendants were directed to restore

the possession of the suit lands to the plaintiffs within two months from

this order, failing which, the plaintiffs have liberty to get the decree

executed through the process of the court.

4.

The plaintiffs case in brief is that Legaran Bibi pre-deceased,

Meharjan Bibi and thereafter Meharjan Bibi succeeded her share in above

mentioned land and her properties came under her exclusive possession

and ownership. Meharjan Bibi executed on Hiba-Wil-Ewaj in favour of

Meraj Hussain on 16.05.1945 and it was registered on 05.07.1945 bearing

Deed No. 573 of 1945 and by virtue of said deed Meraj Hussain acquired

the suit property and came in actual possession of the same immediately

after execution of said deed and after her death the plaintiff and proforma

defendants occupied the land in dispute peacefully without any objection

from any corner. Miraj Hussain died in year 1985.. It is further case of the

plaintiffs that Miraj Hussain generally resided in village-Aatgram, P.S.-

Nalhatti and often used to take help of uncle Hamjad Sk. and Gurjar Sk.

for cultivating and harvesting the land in dispute. Occasionally he use to

stay at village Salla, P.S. Pakuria during season. After death of Miraj

Hussain in 1985, plaintiff No. 1 Nurul Hoda for him and on behalf of co-

sharers cul