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Patna High Court

Sullu SainversusRamchandra Singh

Decided
Disposal
DISMISSED

Holding

The appellate court dismissed the appeal, upholding the trial court's decree in favour of the plaintiffs.

Summary

The plaintiffs filed a title suit seeking declaration of ownership, possession, permanent injunction and costs over a 5‑decimal plot, alleging purchase through a registered sale deed dated 28‑April‑2003 from Asgar Sai, who had earlier acquired the land via a 1957 sale deed from Buddhan Dom. The defendants argued that the 2003 deed was collusive and asserted an earlier unregistered sale deed of 19‑April‑1933 in favour of their ancestor Karam Sai, claiming continuous possession since 1933. The trial court found that the defendants raised no claim before June 2007, accepted the plaintiffs' chain of title, and decreed in their favour, ordering the defendants to vacate. On appeal, the appellate court affirmed the lower courts' findings, noting that the defendants' title claim was untenable and that no substantial question of law arose. Accordingly, the appeal was dismissed under Order XLI Rule 11 of the CPC.

Issues considered

  • Whether the registered sale deed of 28‑April‑2003 is valid and binding on the defendants
  • Whether the defendants have any title or interest in the suit land based on the alleged 1933 unregistered sale deed
  • Whether the defendants' claim of prior ownership was raised in time and can be entertained
  • Whether the trial court's decree can be interfered with on substantive grounds
  • Whether any substantial question of law exists warranting interference by the appellate court

Legislation cited

Subjects

  • title suit
  • declaration of title
  • possession
  • sale deed
  • chain of title
  • permanent injunction
  • Civil Procedure Code
  • Criminal Procedure Code
  • appeal dismissed

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         SECOND APPEAL No.43 of 2022
     ======================================================
1.    Sullu Sain @ Sullu Sah @ Sullu Sai, son of late Usuf Sain @ Fullu Sain @
      Usuf Sai @ Fullu Sai, resident of Village - Madanpur, P.O. and P.S. -
      Madanpur and District- Aurangabad.
2.   Firoj Sain @ Firoj Sah @ Firoj Sai, son of Usuf Sain @ Fullu Sain @ Usuf
     Sai @ Fullu Sai, resident of Village - Madanpur, P.O. and P.S. - Madanpur
     and District- Aurangabad.
3.   Naseem Sah @ Naseem Sain, son of Usuf Sain @ Fullu Sain @ Usuf Sai @
     Fullu Sai, resident of Village - Madanpur, P.O. and P.S. - Madanpur and
     District- Aurangabad.
4.   Emteyaz Saha @ Butta Sian @ Imteyaj Sai @ Butta Sah, son of late Usuf
     Sain @ Fullu Sain @ Usuf Sai @ Fullu Sai, resident of Village - Madanpur,
     P.O. and P.S. - Madanpur and District- Aurangabad.

                                                          ... ... Appellant/s
                                   Versus
1.   Ramchandra Singh, son of late Shivpujan Singh, resident of Village –
     Madanpur, Tola-Sheonath Bigha, P.O. and P.S. - Madanpur, District-
     Aurangabad.
2.   Hirdyanand Singh @ Hirdyachand, son of late Dhan Bihari Singh, resident
     of Village - Madanpur, Tola-Sheonath Bigha, P.O. and P.S. - Madanpur,
     District- Aurangabad..
3.   Janardan Singh, son of late Dhan Bihari Singh, resident of Village -
     Madanpur, Tola-Sheonath Bigha, P.O. and P.S. - Madanpur, District-
     Aurangabad.
4.   Sahendra Singh, son of late Dhan Bihari Singh, resident of Village -
     Madanpur, Tola-Sheonath Bigha, P.O. and P.S. - Madanpur, District-
     Aurangabad.
5.   Jitendra Singh, Son of late Dhan Bihari Singh, Resident of Village -
     Madanpur, Tola-Sheonath Bigha, P.O. and P.S. - Madanpur, District-
     Aurangabad.
6.   Pintu Kumar, son of late Dhan Bihari Singh Under Guardianship of his
     eldest brother Hirdyanand Singh, resident of Village - Madanpur, Tola-
     Sheonath Bigha, P.O. and P.S. - Madanpur, District- Aurangabad.
7.   Smt. Basanti Devi, wife of Shyam Narayan Yadav, resident of Village –
     Dashwat Khap, P.O. and P.S. - Madanpur, District- Aurangabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr. Anirudh Kumar Verma, Adv.
                                  Mr .Vyas Kumar Mishra, Adv.
     For the Respondent/s   :
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
         Patna High Court SA No.43 of 2022(8) dt.08-01-2026
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                                                   ORAL ORDER

8   08-01-2026                    Heard learned counsel for the appellants.

                                2. This Second Appeal has been preferred against the

                   judgment and decree of affirmance dated 21.12.2021 passed by

                   the Additional District Judge-IX, Aurangabad, in Title Appeal

                   No. 04 of 2019/ 47 of 2019 whereby judgment and decree dated

                   20.12.2018 passed by the learned Sub Judge- 1st, Aurangabad, in

                   Title Suit No. 128 of 2008 has been upheld.

                                3. The defendants are the appellants and the plaintiffs

                   are the respondents in the present appeal.

                                4. The plaintiffs filed Title Suit No.128 of 2008 for

                   declaration of title and recovery of possession as also for

                   permanent injunction and cost of the suit.

                                5. The case of the plaintiffs is that Ramchandra Singh,

                   Smt. Basanti Devi and Dhanbihari Singh purchased the land

                   with an existing house jointly through registered sale deed dated

                   28.04.2003 for valuable consideration of Rs.1,95,000/- from

                   Asgar Sai. The details of the land is mentioned in Schedule-A of

                   the plaint. The said Asgar Sai had purchased the said land with

                   constructed house through Sada sale deed dated 10.10.1957 for

                   valuable consideration of Rs. 99 and 12 anna from Buddhan

                   Dom, who was recorded tenant in the Cadestral Survey. The suit

                   property comprised of three rooms with varandah surrounded
Patna High Court SA No.43 of 2022(8) dt.08-01-2026
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          by the boundary wall measuring an area of 5 decimal and the

          defendants forcibly dispossessed the plaintiff from the suit

          property in the month of September 2007 and constructed a

          temporary shade over the suit land. Hence, the aforesaid suit

          was filed by the plaintiffs.

                       6. The defendants/appellants appeared and filed their

          written statement and denied the claim and possession of the

          plaintiffs and vehemently pleaded that sale deed dated

          28.04.2003 is collusive, fraudulent, inoperative and is not

          binding upon the defendants/appellants. It is further pleaded that

          the suit land bearing Khata No. 176 Plot No. 1093/1687, area 5

          decimals is recorded in C.S. Khatiyan as gairmajarua malik in

          possession of Buddhan Dom. The said Buddhan Dom orally

          sold the suit land to Karam Sai on 19.04.1933 for valuable

          consideration of Rs. 72/- only through unregistered sale deed.

          Karam Sai came in possession over the suit land after execution

          of    the unregistered sale                deed   dated 19.04.1933. The

          defendants/appellants are the descendants of Late Karam Sai,

          who are coming in peaceful possession from the time of their

          father since the year 1933 and they also paid Chowkidari rent of

          the suit property. The defendants never dispossessed the

          plaintiffs and the story of dispossession is false and fictitious
Patna High Court SA No.43 of 2022(8) dt.08-01-2026
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          and the defendants are residing over the suit land from the

          lifetime of their father.

                       7. On the basis of pleadings of both the parties, the

          learned Trial Court framed issues and after considering the

          pleadings and materials on record, decreed the suit of the

          plaintiffs/respondents. The learned Trial Court held that the

          disputed property was admittedly recorded as gairmajarua

          malik in possession of Buddhan Dom. The defendants claimed

          that the suit land was purchased through unregistered sale deed

          in favour of Karam Sai on 19.04.1933. On the contrary, Sullu

          Sai (defendant no. 1), in his cross-examination, during the trial

          accepted that the defendants claim their right, title over the Plot

          No. 1055/1683 in the proceeding under Section 144 which was

          initiated against the plaintiffs and defendants vide order dated

          11.06.2007 passed in Case No. 658 of 2007 (Ext.-4). Therefore,

          it is apparent from the record that no claim was raised by the

          defendants for the suit land till 2007. The land in dispute was

          purchased by the plaintiffs through registered sale deed dated

          28.04.2003 which was never challenged by the defendants in

          any suit and accordingly, the learned Trial Court after

          considering the materials on record, held that the plaintiffs have

          successfully proved their case. The right, title and interest has
Patna High Court SA No.43 of 2022(8) dt.08-01-2026
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          been proved on the basis of the documents and evidence

          adduced by the plaintiffs and further held that from the record it

          appears that the defendants have raised no claim about the suit

          land till June, 2007 and, accordingly, the defendants were

          directed to vacate the suit land within three months.

                       8. Being aggrieved, the defendants/appellants had

          filed Title Appeal against the judgment and decree of the Trial

          Court which was dismissed by the Appellate Court affirming the

          judgment and decree of the Trial Court. The First Appellate

          Court has held that source of title of the plaintiffs/respondents is

          Sada sale deed executed by recorded tenant (Ext. 1A). The

          registered sale deed executed (Ext. 1) in favour of Ramchandra

          Singh, Dhanbihari Singh and Basanti Devi is a valid, legal and

          reliable document. There is nothing on record to disbelieve and

          disprove the documents exhibited by the plaintiffs/respondents.

          It is apparent from the record that just after dispossession, the

          plaintiffs/respondents have rightly filed a case under Section

          144 of Cr.P.C. in which both the parties appeared and had

          contested the matter, wherein, the defendants (especially

          defendant no. 1) have stated in their claim that the defendants

          have no any concern with Khata No. 176, Plot No. 1093/1687,

          area 5 decimals which is the suit land. This fact has been
Patna High Court SA No.43 of 2022(8) dt.08-01-2026
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          admitted by defendant no. 1 in his cross-examination during the

          trial and further held that respondents (plaintiffs) have

          successfully proved the chain of the title i.e. the recorded tenant

          had rightly executed a sale deed dated 10.10.1957 (Ext. 1A) and

          the vendor of the plaintiffs/respondents acquired valid right to

          transfer the suit property and the vendor has rightly executed the

          registered sale deed in favour of the plaintiffs. The plaintiffs

          have proved story of dispossession in the month of September,

          2007 and consequently, the learned First Appellate Court has not

          interfered in the judgment of the Trial Court. Accordingly, the

          appeal was dismissed.

                       9. Having considered the submissions made on behalf

          of the appellants and upon perusal of the materials on record

          including the judgments of the learned courts below, it appears

          that the learned courts below after considering the pleadings of

          the parties and evidence adduced by them came to a definite

          conclusion that defendant no. 1 has admitted in his cross-

          examination that the defendants/appellants have no any concern

          with Khata No. 176, Plot No. 1093/1687, Area 5 decimals,

          which is the suit land. The learned courts below categorically

          held that till June, 2007, the defendants had raised no claim

          about the suit land. The plaintiffs have proved their chain of title
            Patna High Court SA No.43 of 2022(8) dt.08-01-2026
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                      from the recorded tenant, who had executed Sada sale deed in

                      favour of the vendor of the plaintiffs, who in turn executed the

                      registered sale deed on 28.04.2003 in favour of the plaintiffs,

                      which has not been challenged by the defendants in any suit and

                      no counter claim was filed by the defendants in the aforesaid

                      suit.

                                   10. Both the courts below have concurrently held that

                      the defendants dispossessed the plaintiffs from the suit land.

                                   11. For the foregoing reasons, this Court does not

                      want to interfere with the concurrent findings of the courts

                      below. No question of law much less substantial questions of

                      law is involved in this appeal.

                                   12. Accordingly, this appeal is dismissed at the stage

                      of admission under Order XLI Rule 11 CPC.

                                   13. Pending interlocutory applications, if any, shall

                      stand disposed of.



                                                   (Khatim Reza, J)
prabhat/-

U


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