IN THE HIGH COURT OF JHARKHAND AT RANCHI Second Appeal No. 394 of 2016 Ajay Kumar Gupta, S/o Suraj Kishore Gupta, R/o Boddom Bazar, District- Hazaribagh, P.O., P.S.& District- Hazaribagh, Jharkhand, At present residing at Ramnagar, near Bishnu Puri Chowk, P.O., P.S.& District- Hazaribagh.

.... .. ... Appellants(s)

Versus

1. Akhouri Bhujang Bhushan Sahay S/o late Akhauri Dhananda Prasad

2. (a) Agnesh Akhouri (b) Awinash Akhouri, both sons of late Akhouri Bijay Bhushan Sahay

3.Akhouri Bibhuti Bhushan Sahay S/o Akhauri Dhananad Prasad Sahay

4. Akhouri Gopalji Sahay

5. Akhouri Govindji Sahay Both sons of late Dhananad Prasad Sahay, all are R/o village Korra Jabra Road, P.O., P.S.& District-Hazaribagh, Jharkhand

6. Most. Mindri, Widow of late Billa Hazam, R/o Bodam Bazar, Kumhar Toli, P.O., P.S. & District- Hazaribagh, Jharkhand .. ... ...Respondent(s)

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CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

For the Appellants (s) : Mr. Anil Kr., Sr. Advocate Ms. Chandana Kumari, Advocate For the Resp.(s) : Mr. Amar Kr. Sinha, Advocate Mr. Sandeep Verma, Advocate …...

20/ 18.02.2026. Heard, learned counsel for the parties.

1. Defendant is in appeal against the judgment of affirmance by the First Appellate Court in Title Appeal No.04 /2013 by which, the judgment and decree passed by learned Civil Judge (Jr. Div.), Hazaribagh in Title Suit No.78 of 1995 in favour of the plaintiffs/ respondents has been affirmed.

2. For convenience, party position shall be referred to according to their original placement in the suit, and shall include their heirs and legal representatives, substituted from time to time.

3. Plaintiff(s) filed the suit for declaration of title over the suit land, as detailed in Schedule –B of the plaint and for a decree of khas possession of it by evicting defendant no.1 from the same. Further, prayer was made for declaring the Sale-Deed No.9871 dated 16.08.1989 executed by defendant no.4 in favour of defendant No.1 to be illegal and wrong and not binding upon the plaintiff(s).

4. Schedule B land is part and parcel of Schedule-A. Schedule –A under Khata No.25, Plot No.117, measuring an area of 45 and half decimals of boundary given therein situated in Village: -Kadma No.1, PS-

Katkamsandi & District- Hazaribag.

5. The admitted case of both the parties is that Pachuwa and Sahdeo Hazam and Ghuja Hazam were the recorded tenants and the land was partitioned between them in the year 1935, whereby each line got forty-five and half decimals of land. Pachuwa was allotted forty-five and half decimals of land in the Eastern side of the plot and Rameshwar Hazam and Villa Hazam were allotted forty-five and half decimals of land on the Western of the plot.

6. Pachuwa sold forty-five and half decimals of land to one Basanti Lal Jain on 15.05.1942 and this piece and parcel of land, changed hands several times by registered deeds of sale over the years. Through chain of title, the land was finally transferred to Sushila Devi. Mutations in the name of the parties were accordingly made.

7. One sale-deed was executed by Rameshwar Hazam and Villa Hazam with respect to their share of forty-five and half decimals of land to the ancestor of the plaintiff(s), Akhouri Dhananad Prasad on 09.06.1943 and the land was duly mutated and the present plaintiffs are the heirs and descendants of said Akhouri Dhananda Prasad.

8. The defendant claims title and possession over the land, in question, on the basis of sale-deed executed by Mundri Devi (Defendant No.4), W/o Villa Hazam vide Sale Deed dated 16.08.1989.

9. Learned Trial Court framed the following main issues which are as under: -

(vii) Whether plaintiff has title over the land as mentioned in schedule ‘B’

of the plaint?

(ix) Whether sale deed no.987 dt.16.8.89 executed by defendant no.4 in favour of defendant no.1 is void, forged, inexecutable and not binding upon the plaintiffs and defendant no.2 and 3?

10. Learned Trial Court recorded a finding on the basis of the evidence on record that title had been