SHASHI BHUSHAN KUMAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2018-1-99
HIGH COURT OF JHARKHAND
Decided on January 24,2018

SHASHI BHUSHAN KUMAR Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Anil Kumar Choudhary, J. - (1.)This appeal has been preferred by the Plaintiff-appellant. The plaintiff filed Title Suit No. 63 of 1990/139 of 1994 in the court of 1st Additional Munsif, Giridih for declaration of right, title, interest and confirmation of possession over the suit land by virtue of an agreement dated 30.04.1961 executed by the ancestor of the defendants of the suit.
(2.)The case of the Plaintiff is that the owner of the suit land Raghu Mahto being in need of money for his treatment entered into an agreement with the Plaintiff to sell the suit land for a consideration of Rs. 1,500/-. After receipt of the said amount of Rs. 1,500/- and executing agreement mentioning therein that Raghu has received the consideration amount and put the Plaintiff in possession of the suit land and further mentioning therein that as soon as Raghu will recover from his illness he will execute the sale deed in favour of the Plaintiff and in case Raghu dies before executing the sale deed, the deed of agreement be treated as the deed of sale, put the Plaintiff in possession of the suit land on 30.04.1961. It is the case of the Plaintiff that since then the Plaintiff has been in continuous and uninterrupted possession of the suit land. It is also the case of the Plaintiff that after the death Raghu his widow Rohini Devi-Defendant No. 1 of the suit remarried Huro Mahto - Defendant no. 2 and the couple lived in the house of Raghu but on 30.03.90 as the Defendants threatened the Plaintiff from the suit land, the Plaintiff filed the suit. The Defendant no. 1 to 4 and 9 contested the suit by taking a common stand. According to the defendants Rohini Devi-Defendant no. 1 never remarried after death of Raghu and as Raghu died issue less she inherited his property being his sole legal heir. They also denied the execution of any agreement for sale or sale deed by Raghu in favour of the Plaintiff for a paltry sum of Rs. 1,500/-.Though 11 issues were framed, the main issues of the suit were issue no. 5, 6 and 7, which are as under:-
(5) Is the plaintiff came in possession over the suit land on the basis of an agreement And there is any title passed to plaintiff on the basis of an agreement

(6) Whether the agreement executed by Raghu Mahto is legal and valid or not?

(7) Whether the agreement was executed by Raghu Mahto in favour of plaintiff Khiria Devi

All the issues were decided against the plaintiff by the learned trial court.

(3.)The learned trial court took up issue no. 6 and 7 together and after analysing the or a and documentary evidence in the record held that Raghu Mahto has not executed any agreement in favour of the plaintiff and hence the alleged agreement is not valid and binding and is not legally executable in terms of law. So far as the issue no. 5 is concerned, the learned court below held that the plaintiff was never put in possession of the land in question and no title has accrued to the plaintiff by the said agreement.


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