Harjit Singh vs Puran Chandra Putrty Son Of Arjun Purty on 6 May, 2026

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    ADVERTISEMENT

    Jharkhand High Court

    Harjit Singh vs Puran Chandra Putrty Son Of Arjun Purty on 6 May, 2026

    Author: Anubha Rawat Choudhary

    Bench: Anubha Rawat Choudhary

                                                                    2026:JHHC:13786
    
    
    
    
         IN THE HIGH COURT OF JHARKHAND AT RANCHI
    
                            S.A. No. 111 of 2006
    
           Harjit Singh, son of late Gurubachan Singh resident of Station
           Road, Chaibasa, Ward No.1 of Chaibasa Municipality, P.O. and
           P.S. Chaibasa, District Singhbhum (West)
              ...      ...     Defendant/Respondent no.1 1 (a)/Appellant
                                  Versus
           1. Puran Chandra Putrty son of Arjun Purty, by caste Ho,
              (Scheduled Tribe), by occupation cultivation and Service,
              Resident of Station Road, Chaibasa, Ward No.1 of Chaibasa
              Municipality, P.O. and P.S. Cahibasa, District Singhbhum
              (West)
                           ...      ...     Plaintiff/Appellant/Respondent
           2. Deputy Commissioner Singhbhum (West) at Chaibasa, P.S. and
              P.O. Chaibasa, District West Singhbhum
              ...      ...     Defendant/respondent/respondent
           3. Guru Tui, son of late Bania Tui, by caste Ho (Member of
              Schedule Tribe), by occupation cultivation, resident of village
              Dilimarcha, P.S. Chaibasa Muffasil, P.O. Chaibasa, District
              West Singhbhum
              ...Proforma Defendant/Proforma respondent/Respondent
           4. Baljit Singh son of late Gurubachan Singh resident of Station
              Road, Chaibasa, Ward No.1 of Chaibasa Municipality, P.O. and
              P.S. Chaibasa, District Singhbhum (West)
              .. Defendant/Respondent nos.1 .1 (b)/Proforma Respondent
           5. Kala Singh son of late Gurubachan Singh resident of station
              road, Chaibasa, Ward No.1 of Chibasa Municipality, P.O. and
              P.S. Chaibasa, District Singhbhum (West)
              .....Defendant/Respondent no.1 1 (c) / Proforma Respondent
           6. Dalbir Singh, son of late Gurubachan Singh resident of Station
              Road, Chaibasa, Ward No.1 of Chaibasa Municipality, P.O. and
              P.S. Chaibasa, District Singhbhum (West)
              ... Defendant/Respondent no.1 1 (d)/ proforma respondent
           7. Jogendar daughter of late Gurubachan Singh resident of station
              road, Chaibasa, Ward No.1 of Chaibasa Municipality, P.O. and
              P.S. Chaibasa, District Singhbhum (West)
              ...Defendant / respondent no. 1 1(e) /proforma respondent
           8. Dalbira, daughter of late Gurubachan Singh resident of Station
              Road, Chaibasa, Ward No.1 of Chaibasa Municipality, P.O. and
              P.S. Chaibasa, District Singhbhum (West)
                 ... defendant/respondent no.1.1 /Proforma Respondent
    
                                   ---
    

    CORAM :HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

    SPONSORED
        For the Appellant          : Mr. Indrajit Sinha, Advocate
                                   : Mr. Ankit Vishal, Advocate
                                   : Ms. Ashwini Priya, Advocate
    
    
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                                                                2026:JHHC:13786
    
    
    
    
    For the Respondents         : Mr. Zaid Imam, Advocate
                                : Mr. Zeeshan Ahmad Khan, Advocate
                                : Mr. Anjan Kumar, Advocate
                                ---
    CAV on 30.01.2026                        Pronounced on 06.05.2026
    

    This appeal has been filed against the judgment and decree
    dated 08.03.2006 (decree signed on 28.03.2006) passed by the learned
    Additional District Judge, Fast Track Court, V, Chaibasa, in Title
    Appeal No. 29 of 1995/R. No. 12 of 2003 whereby the learned 1 st
    appellate court has allowed the appeal preferred by the plaintiff and
    has set aside the judgement and decree dated 17 June, 1995 (decree
    signed on 12.07.1995) passed by learned Munsif Chaibasa in Title
    Suit No. 6 of 1992. The Title Suit was dismissed by the learned
    Munsif. The appeal was allowed and consequently the defendant no.1,
    who is the contesting defendant, is the appellant before this court.

    2. The suit was filed for declaration of plaintiff’s right, title,
    interest over the Schedule A property and for confirmation of
    plaintiff’s possession over the suit land and if the plaintiff was found
    dispossessed from the suit land, a prayer was made for delivery of
    possession to the plaintiff after evicting the defendant therefrom.

    3. This appeal was admitted for final hearing vide order dated
    05.03.2009 on the following substantial question of law: –

    (i) Whether the court of appeal below has committed
    error of law in reversing the findings recorded by the
    trial court without complying the provisions under
    Order 41 Rule 33 CPC?

    (ii) Whether the findings recorded by the appellate court
    suffers from serious perversity in as much as for non-

    consideration of the evidence in its true perspective?

    4. Submissions of the appellant (defendant no.1)
    A. So far as the 2nd substantial question of law is concerned, the
    same is very widely worded and there is no mention as to non-
    consideration of which evidence in true perspective has made
    the appellate court’s judgment perverse. Faced with this
    situation, when the matter was taken up on 27.01.2026, the

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    learned counsel for the appellant had submitted that for the 2 nd
    substantial question of law only the evidence of two witnesses
    would be relevant i.e. P.W. 3 and P.W.7 and he would be
    referring to exhibit 1, exhibit 8, exhibit 8/a and exhibit-C.
    Exhibit 1 is the sale deed executed by proforma defendant no.3
    in the name of the plaintiff; Exhibit 8 is the Khatian of the year
    1917 and Exhibit 8/a is the Khatian of the year 1964 and
    exhibit-C is the sale deed relied upon by the defendant no.1 in
    the light of the pleadings of the respective parties. The
    submission of the learned counsel for the appellant as recorded
    in order dated 27.01.2026 is quoted as under:

    “Upon perusal of the second substantial question of
    law, which is widely worded, the learned counsel for
    the appellant has submitted that only evidences of two
    witnesses would be relevant i.e. P.W.3 and P.W. 7 and
    he shall also be placing Exhibit 1, which is the sale
    deed relied upon by the plaintiffs. These three
    evidences on record would be sufficient to dispose of
    the substantial question of law no.2.

    2. The learned counsel submits that he shall also rely
    upon Exhibit C which is the sale deed of the
    defendants, exhibits 8 and 8/A, which are the two
    khatians exhibited by the plaintiffs. He also submits
    that these evidences are to be considered in the light of
    the pleadings of the respective parties.”

    On the said date, the petition seeking early hearing of the appeal
    was allowed and the matter was posted for hearing on
    29.01.2026 and judgement was reserved on 30.01.2026.
    B. The plaintiff had purchased the property from defendant no. 3
    by registered sale deed dated 23.11.1990 after obtaining
    permission from the Deputy Commissioner. The sale deed is
    marked as Exhibit-1. Exhibit-4 is the order sheet granting
    permission of the competent authority for executing the sale
    deed dated 23.11.1990. The plaintiff and defendant no.3 are
    tribals, therefore defendant no. 2, Deputy Commissioner being a
    necessary party has been made party in the proceedings.

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    C. It was the case of the plaintiff that recorded tenant with respect
    to the suit property is Chhota Pandu Ho whose name was
    recorded in the survey settlement of the year 1917 (exhibit-8/a)
    and thereafter in the year 1964 survey settlement (exhibit-8) the
    name of defendant no.3 and others appeared as co-sharer and
    defendant no.3 claims to be the descendant of Chhota Pandu
    Ho.

    D. It was alleged that Bamia Ho and Sumi Kui, who were the
    vendor and purchaser respectively with respect to the registered
    sale deed of the year 1961, the sale deed was executed by
    fictitious person.

    E. The evidence of P.W. 3, namely Pandvir Tiu, reveals that at
    paragraph 12, he deposed that the sale deed dated 13.10.1961
    (exhibit C) was executed in his presence and he identified his
    signature in the deed. He further deposed in paragraph 17 that
    Bamia Ho, son of Ranku Ho executed the registered sale deed
    in favour of Sumi Kui and thus acknowledged the sale deed
    executed by Bamia Ho, son of Ranku Ho in favour of Sumi Kui.
    F. Exhibit C was executed by Bamia Ho, son of Ranku Ho and
    both their names have been recorded in survey settlement of the
    year 1964, and therefore, they were heirs of Chota Pandu Ho.
    Thus, the execution of sale deed by Bamia Ho, son of Ranku Ho
    in favour of Sumi Kui was duly proved as P.W. 3 was the
    person in whose presence the sale deed was executed and he has
    identified his signature in the deed. Therefore, the argument of
    the plaintiff that Sumi Kui and Bamia Ho, the purchaser and
    seller of sale deed dated 13.10.1961 were fictitious persons,
    does not hold good.

    G. It is submitted that the genealogy was not proved; consequently,
    the relationship of defendant no. 3 with Chhota Pandu Ho is not
    proved, and therefore, the sale deed executed by defendant no.3
    in favour of the plaintiff with respect to the property of Chhota
    Pandu Ho is not proved. The learned court has not appreciated
    this aspect of the matter.

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    H. However, so far as the case of the appellant (defendant no. 1) is
    concerned, the learned counsel submits that defendant no.1 was
    in possession of the property since 1950. The specific case of
    the defendant no.1 was that the 2nd wife of defendant no.1 was
    Sumi Kui, who purchased the property from Bamia Ho, son of
    Ranku Ho vide registered sale deed dated 13.10.1961 (Exhibit-
    C) after taking permission from the competent authority in T.A.
    Misc Case No.130 of 1961-62 (exhibit- G/8). However, the 2nd
    wife expired on 12.01.1966. Consequently, defendant no.1
    inherited the property, and accordingly, his name was also
    entered in municipal survey published in the year 1972
    (Exhibits-I and I/1).

    I. The learned counsel for the appellant has placed the judgements
    passed by learned trial court as well as the learned 1st appellate
    court. He has submitted that though the defendant has not been
    able to prove his title with respect to the property nor the
    defendant could prove adverse possession over it, the burden
    was on the plaintiff to prove his case, which the plaintiff failed
    to do so.

    J. The learned counsel submits that neither the plaintiff could
    prove partition in the family of the recorded tenant nor the
    plaintiff could prove title of the vendor of the sale deed
    executed in favour of the plaintiff. He has also submitted that
    the survey settlement of 1964 by itself is not a document of
    title.

    K. The learned counsel has also submitted that merely because the
    2nd marriage of defendant no.1 was found to be void, the same
    cannot be a reason to hold that the title of the vendor of Sumi
    Kui was bad. He submits that once the title with respect to the
    suit property had already passed, there was no occasion for a 2nd
    sale deed with respect to the same property in favour of the
    plaintiff by defendant no.3.

    L. With respect to the 1st substantial question of law, the learned
    counsel has referred to Order XLI Rule 33 of Code of Civil

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    Procedure, 1908 to submit that relief beyond pleadings could
    not have been granted. It is submitted that the relief granted by
    the learned 1st appellate court that the plaintiff would have right,
    title and interest over the suit land to the extent of 1/18 th of his
    share and that he will be entitled to joint possession of the suit
    land along with other co-sharers, is also beyond the frame of the
    suit and pleadings of the parties, inasmuch as no such relief was
    sought for by the plaintiff and also there was no pleading to that
    effect. The case of the plaintiff was that after partition, the suit
    land fell in the share of his vendor, who subsequently sold to
    the plaintiff.

    5. The learned counsel has relied upon the following judgements,
    which are quoted as under:

    (i) (2014) 2 SCC 269 (Union of India and Ors. Vs. Vasavi
    Cooperative Housing Society Limited and Ors.
    )
    Paragraphs 15 to 19

    (ii) 2022 SCC OnLine SC 928 (Akella Lalitha Vs. Konda
    Hanumantha Rao and Anr.
    ) paragraph 16, 17 and 18

    (iii) (1977) 3 SCC 532 (Siddu Venkappa Devadiga Vs. Smt.
    Rangu S. Devadiga and Ors.
    ) Paragraph 8

    (iv) (2024) 13 SCC 553 (P. Kishore Kumar Vs. Vittal Kr.

    Patkar) Paragraph 22, 31 to 33

    (v) (2019) 10 SCC 259 (Prahlad Pradhan and Others Vs.
    Sonu Kumhar and others
    ) paragraph 5

    6. Arguments of the Respondents
    I. The learned counsel for the respondents has referred to the
    schedule of the plaint and submitted that in the schedule, the
    description of the property refers to old plot no.2188
    corresponding to new khata no.29 and new plot no.2968 and
    new municipal survey no.483 under Khata no.19 measuring an
    area of only 0.06 decimal which was just a part of the property
    which was recorded in the name of the recorded tenant way
    back in the year 1917, whose title is not in dispute. He submits
    that in the survey record of 1964, the share of the vendor of the

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    plaintiff was recorded only to the extent of 1/18 and the name of
    other co-sharers was also recorded.

    II. That there was enough material on record to say that there was
    partition and submitted that the plea of partition has been
    rejected only on the ground that defendant no.3 had not deposed
    before the court. On the point of partition in the family of the
    recorded tenant, the evidences have not been properly
    considered while recording the finding.

    III. The learned counsel has submitted that 1/18 th share was already
    recorded in the record of rights of 1964. He has referred to
    Section 84 of the Chotanagpur Tenancy Act, 1908 to submit
    that as per sub-section (3), every entry in the record of rights so
    published shall be evidence of the matter referred to in such
    entry and shall be presumed to be correct until it is proved by
    evidence to be incorrect.

    IV. The learned counsel has submitted that irrespective of the
    aforesaid arguments, the plaintiff has been able to prove his title
    to the extent of 1/18th share in old plot no.2188 corresponding to
    new khata no.29 and new plot no.2968. The learned counsel has
    submitted that the substantial question of law is widely worded
    to cover any perversity which is found in the judgement and the
    finding of the learned court that partition could not be proved is
    perverse.

    V. On the point of adverse possession as claimed by the defendant
    no.1 and to oppose such a plea, the learned counsel for the
    respondent has relied upon the judgement passed by Hon’ble
    Supreme Court reported in (2020) 15 SCC 218 (Narasamma
    and Ors. Vs. A. Krishnappa
    (dead) through Legal
    representatives) paragraph 33, and the judgement passed by this
    Court SA No.132 of 1985 [(Phoda Devi and Ors. Vs. Ganesh
    Mahto (Yadav
    )] page 11 to submit that it was not open to the
    defendant no. 1 to claim title as well as adverse possession
    simultaneously.

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    VI. The learned counsel has then referred to the judgement passed
    by the Hon’ble Supreme Court reported in (2006) 5 SCC 353
    (Prem Singh and Others Vs. Birbal and Others) paragraph 27
    and also the judgement reported in (2021) 15 SCC 300 (Rattan
    Singh and Ors. Vs. Nirmal Gill and others
    ) paragraph 33, to
    submit that there is presumption in connection with the
    registered documents and the plaintiff is claiming title by virtue
    of registered document executed by one of the legal heirs of the
    recorded tenant and the name of legal heirs, as per the finding
    of the learned court, is found in the record of right of 1964
    showing the share of the vendor of the plaintiff to the extent of
    1/18 of the property which stood recorded in the name of only
    one ancestor Chhota Pandu Ho.

    VII. It has been submitted that the name of the vendor of the
    appellant, Bamia Ho as stated in exhibit -C, was not recorded in
    the survey settlement (exhibit-8 and 8/1) and accordingly, he
    had no right to sell the property. The Khaitan of the year 1964
    does not reflect the name of Sumi Kui even though as per
    exhibit C was executed in the year 1961.

    7. Rejoinder arguments of the appellant
    a. The learned counsel for the appellant, in response, has
    submitted that even the contesting defendant was claiming title
    in favour of Sumi Kui by virtue of registered sale deed and both
    the plaintiff and the contesting defendant were referring to
    registered sale deed and both were executed after permission of
    the Deputy Commissioner.

    b. The learned counsel submits that in spite of the provision of
    Chotanagpur Tenancy Act, 1908, the revenue record are not
    documents of title and revenue records cannot be the sole basis
    to claim title and has referred to the judgements cited above and
    relied by the appellant.

    Findings of this Court.

    8. Title Suit No.6 of 1992 was filed by Puran Chandra Purty, a
    person belonging to Schedule Tribe “Ho” community against

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    Gurubachan Singh (defendant no.1- Sikh by caste) and Deputy
    Commissioner, West Singhbhum, Chaibasa. Defendant No.3 was Gura
    Tiu, son of late Bamia Tiu, also belonging to Schedule Tribe.

    9. The Schedule A of the plaint was as follows:

    “Schedule of the land – ‘A’
    The land is situated in Mouza – Deliamarcha, Thana No.108,
    Estate No.163, Thana – Kolhan, Singhbhum, under Old Khata
    no.29, bearing old plot no.2188, corresponding to New Khata
    no.29, and New Plot No.2968, now Municipal Survey plot
    no.483, under Khata No.19, measuring an area of 0.06 decimals
    and bounded by: –

    North – Road, South – Bamiya,
    East – Mangta, West – Bhagwan Das Rungta & Niz.”

    10. During the course of argument, it is not in dispute that the
    property belonged to Chhota Pandu Ho, whose name was recorded in
    the record of rights of the year 1917 (exhibit-8/a). The plaintiff
    claimed that the suit property was sold by defendant no.3 (Gura Tiu,
    son of Late Bamia Tiu claiming to be the descendant of Chhota Pandu
    Ho-the recorded tenant) to the plaintiff by registered sale deed dated
    23.11.1990. Defendant no.1 also claimed that the suit property was
    sold by registered sale deed dated 13.10.1961 to Sumi Kui by the
    alleged legal heir of the recorded tenant, namely, Bamia Ho, s/o
    Ranku Ho. Both the sale deeds were executed by taking due
    permission from the competent authority.

    11. The case of the plaintiff was that the suit land was originally
    recorded in the name of Chhota Pandu Ho, the grandfather of
    proforma defendant no.3 in the finally published Survey Settlement
    Operation Record of Rights of the year 1917. It was their further case
    that the suit land was thereafter recorded in the name of proforma
    defendant no.3 and his co-sharers in finally published Record of
    Rights of the year 1964. It was also stated that at the time of filing of
    the suit, the suit property was recorded in Town Chaibasa Municipal
    Survey Settlement of 1970-71 in the name of defendant no.1.

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    12. It was alleged that defendant no.1 managed a forged sale deed
    to get the suit land recorded in his name under Khata no.19 bearing
    new plot no.483 in Municipal Survey Settlement of 1970-71. It was
    asserted that defendant no.1 allegedly purchased the suit land from
    one Bamiya Ho, son of Ranku Ho in the name of a fictitious woman
    named Sumi Kui, describing her as wife of defendant no.1, vide
    registered sale deed dated 13.10.1961.

    13. It was asserted that Sumi Kui was never the wife of defendant
    no.1, and the defendant could not have acquired any title or interest or
    possession over the suit land in the capacity of the husband of Sumi
    Kui. It was asserted that after getting the sale deed and getting the
    same recorded in Municipal Survey Settlement in the year 1970-1971,
    the defendant showed Sumi Kui dead in 1966 and thereafter got the
    land recorded in his name in Municipal Survey Settlement.
    One Manjeet Kaur was the wife of defendant no.1 having sons and
    daughters and Sumi Kui was not the wife of defendant no.1.

    14. It was further asserted that Bamiya Ho, son of Ranku Ho, had
    no right to sell the suit property in favour of Sumi Kui as the old plot
    no.2188 was recorded in the name of Chhota Pandu Ho, the
    grandfather of proforma defendant no.3 in Survey Settlement of 1917,
    and Bamiya Ho was neither the owner of the land nor he had any right
    to sell the property to Sumi Kui, and Bamiya Ho had no saleable
    interest in the property and he was not the son of Chhota Pandu Ho,
    rather he was the son of Ranku Ho.

    15. It was asserted that the land was thereafter recorded in the name
    of Gura Ho and his brothers and other co-sharers as plot no.2968
    under khata no.29 in survey settlement of 1964 and the suit land fell in
    the share of Gura Tiu, the proforma defendant, who was the rightful
    owner of the suit land and was in exclusive possession over the same.
    It was asserted that it was clear that both the vendor and purchaser i.e.
    Bamia Ho and Sumi Kui were fictitious persons, and therefore, the
    defendant could not have acquired any right, title or interest over the
    suit land.

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    A reference was also made to the necessary permission under Section
    46
    of the Chota Nagpur Tenancy Act in T.A. Miscellaneous Case
    No.216 of 1990-91 by the Additional Deputy Commissioner, who
    gave permission to sell the suit property after necessary local enquiries
    about the right of the applicant-defendant no.3.

    16. It was also asserted that the suit land was mutated in the name
    of the plaintiff vide Mutation Case No.105 of 1990-91 vide order
    dated 20.02.1990. Against this, the defendant had preferred an appeal,
    which was registered as Mutation Appeal No.6 of 1990-91, and the
    order of the Anchal Adhikari was set aside. Thereafter, the plaintiff
    had preferred Revision which was registered as Mutation Revision
    No.1 of 1991-92 and was pending for disposal.

    17. A proceeding was also initiated under Section 144 Cr.P.C,
    numbered as Miscellaneous Case No.41 of 1991 and another
    Miscellaneous Case No.45 of 1991 was also initiated under Section
    107
    Cr.P.C, but both were dropped and the claim of defendant no.1
    could not be sustained. Thereafter, the defendant had instituted a
    proceeding under Section 144 Cr.P.C numbered as Miscellaneous
    Case No.177 of 1991 against the plaintiff. The proceeding was
    converted in a proceeding under Section 145 Cr.P.C and was pending
    for disposal.

    18. Defendant no.3 has filed a written statement supporting the
    case of the plaintiff.

    19. The contesting defendant no.1 filed a written statement
    opposing the prayer and asserted that the sale deed executed by the
    proforma defendant in favour of the plaintiff was fake, alleging that
    the plaintiff and proforma defendant had entered into a clandestine
    sale transaction. It was asserted that the plaintiff had not stated as to in
    which survey settlement, the name of Chhota Pandu Ho, was
    mentioned and it was also denied that proforma defendant no.3 was
    the son of the alleged recorded tenant Chhota Pandu Ho.

    20. It was also denied that subsequently the property was recorded
    in the name of Gura Tiu and his co-sharer under Khata No.29, plot

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    No.2968 in Hal survey settlement and the plaintiff was called upon to
    strict proof of the facts.

    21. It was admitted that the property was recorded in the name of
    defendant no.1 in Chaibasa Municipal Survey Settlement Operation of
    the year 1970-71 and the allegation in connection with the said
    recording was denied. It was asserted that the plot number of the suit
    property was originally numbered as 2188 and defendant no.1 claimed
    that the same was legally purchased by his wife from the rightful
    owner, namely Bamia Ho, by a registered sale deed dated 13.10.1961,
    after obtaining due permission under Section 46 of the Chotanagpur
    Tenancy Act from the Additional Deputy Commissioner, Chaibasa in
    TA Miscellaneous Case No.130 of 1961-62, vide order dated
    07.10.1961.

    22. It was also asserted that the permission was granted after due
    inquiry and identity of the proposed purchaser. Therefore, it was
    incorrect to say that the purchaser, Sumi Kui, was a fictitious lady. It
    was asserted that Sumi Kui, wife of defendant no.1 got her name
    mutated in Anchal Case No. 37 of 1961-62 and thereafter has been
    paying rent in her own name.

    23. It was also asserted that it was significant to mention that
    alleged vendor of the plaintiff, namely Gura Ho, admits and claims
    himself to be son of Bamia Ho.

    24. It was asserted that the land in question was in possession of
    defendant no.1 since 1950 and the defendant had been running a
    sawmill over the plot in question without any objection or obstruction
    and his possession has been opened and overt and within the
    knowledge of all concerned. While the defendant was in peaceful
    possession of the plot, the defendant married Sumi Kui and plot in
    question was acquired by her. Defendant no.1 claimed adverse
    possession and asserted that the suit was barred by limitation and such
    plea was taken by amending the written statement.

    25. It was asserted that his wife Sumi Kui expired on 12.01.1966
    and defendant no.1 became the successor in interest. It was also
    asserted that Bamia Ho, vendor of the wife of the defendant had also

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    expired in 1963. The suit plot was originally numbered as 2188 under
    khata no.29, and was renumbered as plot no.483 under khata number
    19, and the name of the defendant was shown after final publication of
    the record of rights.

    26. It was denied that the land in question fell in the share of Gura
    Tiu and he acquired exclusive possession over the same. Rather, it was
    defendant no.1 who was in possession since 1950. The defendant has
    referred to the various procedures initiated under Sections 144,
    145/107 of Cr.P.C and such proceedings were not disputed. A
    reference was also made to proceeding under Section 71A of the
    Chota Nagpur Tenancy Act and the defendant asserted that in the said
    proceeding, the defendant was found in possession.

    27. The learned trial court framed the following issues for
    consideration:

    1. Is the suit maintainable?

    2. Is the suit barred under the law limitation?

    3. Has the plaintiff acquired any right, title, interest in suit
    property by virtue of deed of sale dated 23.11.1990?

    4. Has the defendant No. 1 perfected right, title and interest
    over the suit property by way of adverse possession?

    5. Has the plaintiff any cause of action for the suit?

    6. Is the plaintiff entitled to any relief or the relief as
    claimed?

    28. Both the parties led oral and documentary evidences.
    Trial court’s judgement

    29. Issue no.4 was taken up by the learned trial court vide
    paragraph no. 28 onwards. The learned trial court recorded a finding
    that defendant no.1 is a Sikh and governed by Hindu Marriage Act,
    and he was married to Manjit Kaur in the year 1940 and claims to
    have married another lady, namely Sumi Kui, in the year 1960, and
    that during the lifetime of 1st wife, the 2nd marriage would be treated
    as void, and recorded that in the present suit, Sumi Kui or her
    illegitimate son or daughter were not claiming any right over the
    property. The court recorded a finding that the plaintiff kept another

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    lady, Sumi Kui, in the year 1960 and purchased the suit land in the
    name of Sumi Kui through registered sale deed dated 13.10.1961
    (Exhibit C). The court recorded that there was no bar according to the
    provisions of law.

    30. The court also recorded that the plaintiff’s witness P.W.3
    clearly stated that Exhibit C, the sale deed dated 13.10.1961, was
    executed by Bamiya Ho, son of Ranku Ho, and P.W.3 had identified
    Bamiya Ho during the execution of the sale deed ‘Exhibit C’ in the
    year 1961. P.W.3 had identified his signature as ‘Exhibit B’ on the
    sale deed (Exhibit C).

    31. The court then recorded that it was stated in the plaint that the
    suit land had been recorded in the name of Gura Ho and his brothers
    and other co-sharers as plot no. 2968 under khata no. 29, (according to
    Survey Settlement of 1964 (Exhibit 8), in mouza Diliamarcha, and
    that the suit land had fallen in the share of Gura Tiu, the proforma
    defendant. P.W.3 also stated in paragraph 6 of his evidence that about
    50 years back, the partition took place in the family members of
    Chhota Pandu Ho. However, the khatian Exhibit 8, clarified that in the
    year 1964, the property of Chhota Pandu Ho, son of Damu Ho,
    devolved upon his heirs. The plaintiff did not prove the genealogical
    table of the heirs of Chhota Pandu Ho.

    32. The court further referred to Hal survey settlement of Mauza
    Diliamarcha which was published in the year 1964 (exhibit-8), which
    revealed that the property of Chhota Pandu Ho, son of Damu Ho,
    bearing Khata no.29 were in possession of the aforesaid persons
    mentioned therein, all members of Ho community. The court observed
    that it is very common that there are two or three persons of the same
    name in one family.

    33. The court thereafter recorded that the sale deed (Exhibit C)
    dated 13.10.1961 was executed by Bamiya Ho, son of Ranku Ho, and
    none of them were recorded in Hal Survey Settlement of 1964. It was
    held that Exhibit 8/a, being the survey settlement Khatian of the year
    1917 clarified that the land under khata no.29 was recorded in the
    name of Chhota Pandu Ho, son of Damu Ho. On the other hand, the

    14
    2026:JHHC:13786

    survey settlement Khatian of the year 1964 [Exhibit 8] showed Damu
    Ho as the son of Chhota Pandu Ho with respect to the same Khata
    No.29. Exhibit 8 further clarified that another Damu Ho is son of
    Bamiya Ho.

    34. With the aforesaid discussion with respect to Exhibits 8 and
    8/A, the court recorded that in absence of genealogical table of the
    recorded tenant, Chhota Pandu Ho, son of Damu Ho, whose name was
    recorded in the year 1917, it could not be believed that Bamiya Ho,
    son of Ranku Ho was not the heir of Chhota Pandu Ho. The court
    recorded a finding that Bamiya Ho, son of Ranku Ho, was also the
    heir of Chhota Pandu Ho, son of Damu Ho.

    35. The court further recorded that it is an admitted fact that Khata
    No.29 bearing plot No. 2188, area 6 decimal land which was recorded
    in the year 1917 Khatian Exhibit 8/a is the same land which has been
    recorded in Hal Survey Settlement, 1964 (Exhibit 8) under Khata
    No.29, plot No.2968, area 6 decimal, and it is the suit land. Further,
    Exhibit 8 clarified that the suit land has been shown in the possession
    of Bara Bamiya Ho. The court recorded a finding that Bara Bamiya
    Ho is no one but he is son of Ranku Ho, and being old man, he has
    been named as Bara Bamiya Ho.

    36. Having held that Bara Bamiya Ho was son of Ranku Ho and
    was called Bara Bamia Ho because he was an old man, the court
    recorded that the sale deed dated 13.10.1961 (Exhibit C) was executed
    by the right person, who is the heir of Chhota Pandu Ho. The court
    further observed that this finding is strengthened because of the fact
    that the plaintiff did not examine any witness, who are the heirs of
    Chhota Pandu Ho, and non-examination of any family member of
    Chhota Pandu Ho falsified all the claims of the plaintiff mentioned in
    paragraphs 6, 15 and 16 of the plaint.

    37. The court further recorded that during argument, the learned
    counsel for the defendant had submitted that the name of Sumi Kui
    could not find mention in Survey Settlement of 1964 because the
    defendant could not get the registered sale deed and the error was

    15
    2026:JHHC:13786

    rectified during municipal survey settlement which was published in
    the year 1971-72.

    38. The learned trial court thereafter observed that the aforesaid
    fact that Bamiya Ho, son of Ranku Ho, had a right to execute the sale
    deed (Exhibit C) in favour of Sumi Kui, as the certified copy of the
    SAR Case No.3 of 1995 (Exhibit G/1), SAR Case No. 1 of 1986
    (Exhibit G/2), and SAR Case No.2 of 1986-1987, were filed by
    different scheduled tribe members to get back the property which was
    in possession of defendant No.1. Those different tribe members never
    raised the issue which has been raised by the present plaintiff that
    Sumi Kui was a fictitious lady and Bamiya Ho, son of Ranku Ho, did
    not have any right, title and interest over the property to execute the
    sale deed Exhibit C.

    39. The court ultimately held that in the light of the aforesaid
    documents, the plaintiff was estopped under law to challenge the
    genuineness of the sale deed dated 13.10.1961 executed by Bamiya
    Ho, son of Ranku Ho, in favour of Sumi Kui.

    40. The court observed that in absence of any evidence that Sumi
    Kui was just a mistress of defendant No.1, the suit property could
    easily be said to be succeeded by the occupier, defendant No. 1. The
    court further held that the plaintiff could not succeed, as the property
    had been purchased in the name of Sumi Kui vide registered sale deed
    of the year 1961, Exhibit C, and this fact was corroborated by
    defendant No. 1 in paragraph 14 of his cross-examination. The court
    recorded that all the documents from 1961 to 1991 were favoring
    defendant No. 1 and held that the aforesaid documents established
    that defendant No. 1 was rightful owner of the suit property by virtue
    of sale deed dated 13.10.1961 (Exhibit C) and decided issue No. 4 in
    favour of defendant No. 1.

    41. Having held that defendant No.1 was rightful owner of the suit
    property by virtue of sale deed dated 13.10.1961 (Exhibit C) executed
    by Bamiya Ho, son of Ranku Ho, the court took up the matter with
    regard to issue nos. 5 and 2 on the point of adverse possession. The
    court recorded that both the oral and documentary evidence clarified

    16
    2026:JHHC:13786

    that defendant no.1 was the occupier of the suit land since 1960 and
    his possession over the suit plot was also established through these
    documents. The court held that the possession was open and
    continuous and also hostile to the interest of Gura Ho also, who is the
    vendor of the suit plot to the plaintiff. The court recorded that Exhibit
    8, which is certified copy of Khatian published in the year 1964, also
    clarified that said Gura Ho, son of Bamiya Ho, was not in possession
    of the suit plot no.2968 of Khata no.29. The court declared that
    defendant no.1 had perfected his title over the suit property by way
    of adverse possession and the suit was barred by limitation, having
    been filed in the year 1992, and decided the issue in favour of
    defendant no.1.

    42. Thereafter, the learned court took up issue no.3, title based on a
    registered sale deed as claimed by the plaintiff being the property
    purchased from Gura Ho, son of Bamiya Ho, through registered sale
    deed dated 23.11.1990 after having obtained permission under Section
    46 of the Chotanagpur Tenancy Act from the appropriate authority.

    43. The court recorded that it was the specific case of the plaintiff
    that the plaintiff had purchased the suit land from the rightful owner
    namely Gura Tiu, who had exclusive possession of the suit land
    according to Hal survey settlement published in the year 1964.
    However, on perusal of the Khatian of the year 1964 (Exhibit 8), it
    was clear that the suit land was in possession of Bara Bamiya Ho and
    hence the aforesaid statement of the plaintiff stood falsified. The court
    further recorded that Bamia Ho, son of Ranku Ho, had already sold
    the suit land in the year 1961 vide sale deed dated 13.10.1961, who
    was also the heir of Chhota Pandu Ho, and the vendor of the plaintiff
    Gura Tiu is also the son of Bamiya Ho. The court recorded that in
    tribe ‘Ho’, there are many persons of one name in one family. The
    court recorded that this fact clarified that predecessor of Gura Ho had
    already sold the suit land in the year 1961 to Sumi Kui, and therefore,
    Gura Tiu did not have a right to sell the same property to the plaintiff.
    Therefore, the court held that Gura Tiu, son of Bamiya Ho, was not

    17
    2026:JHHC:13786

    the rightful owner to sell the suit property again in the name of the
    plaintiff.

    44. The court also recorded that the evidence of P.W.3 (Pandvir
    Tiu) itself clarified that the present plaintiff never came in possession
    of the suit land. The court recorded that the plaintiff has clarified that
    he is literate person and employed in Punjab National Bank and he
    must have knowledge that the suit land is under municipal area as
    clarified by the Government notification dated 29.01.1961 and the suit
    land came under the Chaibasa Municipality. The court further
    recorded that the plaintiff ought to have been aware of the municipal
    survey operations conducted in the year 1970-71, and it was for the
    plaintiff to verify as to in whose name the property was recorded in
    the said municipal survey before purchasing the property in the year
    1990. The court also observed that Khatian (Exhibit I) which was
    published in the year 1970 after Chaibasa municipal survey settlement
    clarified that the name of defendant no.1 was recorded as ‘Basari Hak’
    and the court recorded that defendant no.1 has already proved that he
    was rightful owner of the property and has perfected his right, title and
    interest over the suit property.

    The learned trial court dismissed the suit.

    1st Appellate court’s judgement

    45. The plaintiff filed an appeal before the learned 1 st Appellate
    Court, and the learned 1st Appellate Court also took up the same issues
    as were framed by the learned trial court.

    46. With respect to issue nos.2 and 4 relating to limitation and
    adverse possession of defendant no.1, the learned 1st Appellate Court
    discussed the same from paragraph 15 onwards and recorded that
    Sumi Kui was not the legally wedded wife of defendant no.1, as
    defendant no.1 was already having a wife, namely Manjit Kaur, and
    defendant no.1, being governed by Hindu Marriage Act, was not
    entitled for a 2nd marriage. The court found that defendant no.1
    claimed to be the owner of the property by virtue of husband of Sumi
    Kui, and since the alleged marriage with Sumi Kui was not valid and
    she being not the legally wedded wife of defendant no. 1, therefore the

    18
    2026:JHHC:13786

    possession of Sumi Kui over the suit land cannot be held to be in
    possession of defendant no. 1 and that defendant no. 1 did not acquire
    any right with respect to the property through Sumi Kui.

    47. So far as the plea of adverse possession is concerned, the court
    considered the documents and materials on record and observed that
    even as per the case of the defendant, the property belonged to Sumi
    Kui, who had died in the year 1966, and therefore, the question of
    defendant No. 1 being in possession prior to 1966, and claiming
    possession from any date prior to 1966 was not acceptable and if his
    possession is taken from the year 1966, 30 years had not elapsed on
    the date of filing the suit, i.e., 06.03.1992. The Court recorded that for
    the purposes of property involved in this case, the period of limitation
    under Section 65 of the Limitation Act is 30 years. This was
    apparently on view of the amendment in Limitation Act so far as it is
    applicable to the members of Scheduled Tribe.

    48. The learned court rejected the claim of title of the defendant
    through Sumi Kui and also rejected the claim of adverse possession
    and decided issue nos. 2 and 4 against the defendant and in favour
    of the plaintiff, who was the appellant and finding of the learned
    trial court on the point of issue nos.2 and 4 was reversed by the
    learned 1st appellate court.

    49. Thereafter, the learned court took up issue no.3, i.e. as to
    whether the plaintiff acquired right, title and interest with respect to
    the suit property by virtue of sale deed dated 23.11.1990 (Exhibit 1),
    which was executed by Gura Tiu, son of late Bamiya Tiu, and
    observed that admittedly, the property was purchased after getting due
    permission from the Deputy Commissioner in Miscellaneous Case
    No.216 of 1990-1991 (Exhibit 4). The signature of Gura Tiu on the
    sale deed was duly proved by PW9 (plaintiff) who had also stated that
    the disputed property came in the share of Gura Tiu after partition and
    that the suit land was recorded in the year 1913-1914 settlement in the
    name of Chhota Pandu Ho, who was the grandfather of Gura Tiu and
    also asserted that after purchase, the plaintiff came in possession of

    19
    2026:JHHC:13786

    the property. There were also proceedings under Sections 144 Cr.P.C
    and also 107 Cr.P.C but the cases were dropped.

    50. The Court ultimately recorded that the Court had already held
    while deciding issue nos. 2 and 4 that Exhibit C did not confer any
    right, title and interest to defendant no. 1 since Sumi Kui was not the
    legally wedded wife. The Court further recorded that Exhibit C
    showed that Sumi Kui purchased the land of Khata no. 29 belonging
    to Plot no. 2188 from Bamia Ho, son of Ranku Ho, but surprisingly
    the plot no. 2188, Khata no. 29, was not recorded in the name of
    Bamia Ho, son of Ranku Ho, in the survey settlement of 1917 nor any
    other later survey settlement.

    51. Therefore, the court held that it was doubtful that Bamia Ho,
    son of Ranku Ho, had any right, title or interest in Plot No. 2188. The
    court recorded that Exhibit 1, which was given a new no. 483 in
    Survey Settlement of the year 1972, was wrongly recorded in the
    name of defendant No. 1. The court thereafter observed that Exhibit 1
    was duly proved and it was executed after taking permission from the
    authority concerned. Therefore, transfer through this deed amounts to
    transferring right, title and interest in the property to the extent of the
    share of the vendor of Exhibit 1. The court was of the view that Gura
    Tiu and any of his brothers or co-sharers of Khata No. 29 had not been
    examined to prove the partition amongst them, and even Gura Tiu,
    who was party to the suit, has not been examined. The court held that
    the testimony of other witnesses at this point, including the plaintiff,
    was not reliable on the point of partition between the co-sharers of
    Khata No. 29, and thereafter went on to hold that each plot of Khata
    No. 29 of the co-sharers had a right, title and interest as per share
    mentioned in the Khatian and held that Gura Tiu had 1/18 share in plot
    no.2968 which he could pass to the plaintiff vide sale deed (Exhibit 1).
    The court recorded that the plaintiff had failed to prove his possession
    over the suit land and that he had the right to possess the same jointly
    with other co-sharers and the issue was decided accordingly.

    20

    2026:JHHC:13786

    52. Consequently, the appeal was allowed and the decree passed by
    the learned court in Title Suit No.6 of 1992 dated 17.06.1995 was set
    aside and following relief was granted to the plaintiff:

    “1. The plaintiff has the right, title and interest
    over the suit land described in schedule A to the
    extent of his share, i.e. 1/18.

    2. The plaintiff is also entitled to jointly possess the
    suit land along with other co-sharers.”

    Findings on 1st substantial question of law.

    Whether the court of appeal below has
    committed error of law in reversing the
    findings recorded by the trial court without
    complying the provisions under Order 41 Rule
    33 CPC
    ?

    53. Order 41 Rule 33 of the Code of Civil Procedure is quoted as
    under:

    “33. Power of Court of Appeal. – The Appellate Court shall have power
    to pass any decree and make any order which ought to have been passed
    or make and to pass or made such further or other decree or order as
    the case may require, and this power may be exercised by the Court
    notwithstanding that the appeal is as to part only of the decree and may
    be exercised in favour of all or any of the respondents or parties,
    although such respondents or parties may not have filed any appeal or
    objection [any may, where there have been decrees in cross-suits or
    where two or more decrees are passed in one suit, be exercised in
    respect of all or any of the decrees, although an appeal may not have
    been filed against such decrees]:

    Provided that the Appellate Court shall not make any order under
    Section 35-A, in pursuance of any objection on which the Court from
    whose decree the appeal is preferred has omitted or refused to make
    such order.”

    54. It has been vehemently argued by the learned counsel for the
    appellant that the relief granted to the plaintiff by the learned 1 st
    appellate court is beyond the scope of the suit as it was never the case
    of the plaintiff that the plaintiff had title over the suit property along
    with the co-sharers. For this, the learned counsel has relied upon the
    judgment reported in 2022 SCC Online 928 (Akella Lalitha Vs.

    21
    2026:JHHC:13786

    Konda Hanumantha Rao and Anr.) paragraphs 16, 17 and 18 to
    submit that the Court cannot grant relief for which no prayer or
    pleading was made, depriving the respondents to an opportunity to
    oppose or resist such relief and relief not found on pleadings should
    not be granted.

    55. For the same point, he has earlier relied upon the judgment
    reported in (1977) 3 SCC 532 (Siddu Venkappa Devadiga Vs. Smt.
    Rangu S. Devadiga and Ors.
    ) paragraph 8 to submit that a case
    cannot be based on grounds outside the plea of the parties, which is
    the basic principle of law.

    56. This Court finds that the plaintiff had taken a specific plea in
    paragraph 7 of the plaint that the suit land was recorded in the name of
    Gura Ho and his brothers and other co-sharers, and upon partition, the
    suit land had fallen in the share of Gura Tiu, the proforma defendant
    and consequently, Gura Tiu, the vendor of the plaintiff was the
    exclusive and rightful owner of the suit land and was in exclusive
    possession.

    57. On the other hand, it was the case of the contesting defendant,
    while responding with regard to paragraph 7 of the plaint that the
    alleged recording of name of Gura Ho and others with respect to plot
    no.2968 under khata no.29 in the survey settlement of 1964, even if
    found to be correct, the same does not bestow the alleged recorded
    tenants with any right, title, interest and possession over the suit
    property as none of the alleged persons were rightful owner of the
    property nor they ever enjoyed possession over the same at any point
    of time, more particularly the fact that defendant no.1 was in
    possession in or about 1950. It was also denied that the suit land had
    fallen in the share of one Gura Tiu or that he was the rightful owner of
    the plot and was in possession. The defendant in para 10 of the written
    statement has stated that it was significant to note that the alleged
    vendor of the plaintiff, Gura Ho, admitted and claimed himself to be
    the son of Bamia Ho. The contesting defendant claimed that the
    property was sold by Bamia Ho by a registered sale deed in favour of
    the wife of defendant no.1, Sumi Kui.

    22

    2026:JHHC:13786

    58. This Court finds that neither the suit was a partition suit nor any
    such issue was framed as to whether the property was partitioned
    amongst the descendants of Chotta Pandu Ho nor the other
    descendants of Chotta Pandu Ho were made party in the suit except
    defendant no.3, Gura Tiu son of Late Bamia Tiu, who filed a written
    statement in support of the plaintiff, but never participated in the
    proceedings.

    59. In absence of any foundational plea as to the extent the vendor
    of defendant no.1 had the title over the property, there was no scope
    for the learned 1st appellate court to enter into the share of the co-
    sharers including that of defendant no.3 to decree the suit. Further, in
    absence of partition having been proved, the learned 1st appellate court
    could at best declare that the plaintiff was the purchaser from one of
    the co-sharers of the suit property but could not have determined his
    share. It is important to note that the suit property was only one of the
    properties which were recorded in the name of Chotta Pandu Ho in the
    year 1917.

    60. In view of the aforesaid, this Court is of the view that the
    learned 1st appellate court has certainly travelled beyond the scope of
    the suit while declaring the share of the vendor of the plaintiff over the
    suit property and accordingly the relief granted to the plaintiff as per
    the impugned judgement that the plaintiff would be entitled to 1/18th
    share of the suit property cannot be sustained in the eyes of law.

    61. While answering the 1st substantial question of law, this Court
    is of the considered view that the learned 1st appellate court has gone
    beyond the powers conferred under Order XLI Rule 33 of the Code of
    Civil Procedure
    while holding the extent of share the vendor of the
    plaintiff with respect to the suit property. After having held that the
    plaintiff failed to prove partition amongst the descendants of recorded
    tenant, Chhota Pandu Ho, as recorded in the Khaitan of 1917, (exhibit-
    8/a), there was no scope for the 1st appellate court to declare the
    undivided share of the vendor of the plaintiff, namely, Gura Tiu son of
    Late Bamia Tiu, that too in the absence of other co-sharers of the
    properties left by late Chotta Pandu Ho, including the suit property.

    23

    2026:JHHC:13786

    62. The 1st substantial question of law is accordingly decided in
    favour of the appellant (defendant no.1) and against the respondent
    (plaintiff). So far as the conflicting claim of respective parties, each
    based on registered sale deeds is concerned, the same will be
    considered while answering the substantial question of law no.(ii).
    Findings on 2nd substantial question of law.

    Whether the findings recorded by the appellate
    court suffers from serious perversity in as much as
    for non-consideration of the evidence in its true
    perspective?

    63. The findings of the learned 1st appellate court rejecting the
    claim of adverse possession of defendant no.1 and reversing the
    finding of the learned trial court on this point is based on appreciation
    of materials on record and no perversity with respect to such finding
    has been pointed out by the learned counsel for the appellant
    (defendant no.1). Further, defendant no.1 was claiming title by virtue
    of the husband of Sumi Kui but it has been held that Sumi Kui was not
    the legally wedded wife of defendant no.1 as he already had a wife.
    This finding is also not in dispute. In such circumstances, the finding
    of the learned 1st appellate court rejecting the plea of adverse
    possession as claimed by defendant no. 1 does not call for any
    interference even when seen in the light of 2nd substantial question of
    law.

    64. Thus, the finding of the learned court that defendant no.1
    neither had any title through Sumi Kui the purchaser of the suit
    property through exhibit C in the year 1961 nor had perfected his
    title through adverse possession does not call for interference.

    65. So far as the title of the suit property is concerned, the crux of
    argument of the appellant (defendant no.1) is that the plaintiff ought to
    have proved his title through exhibit-1 of the year 1990 to claim
    recovery of possession from defendant no.1 as the suit property was
    already sold vide registered sale deed of the year 1961(exhibit-C) to
    Sumi Kui. It has been argued that merely because defendant no.1 has
    failed to prove his title through Sumi Kui or through adverse

    24
    2026:JHHC:13786

    possession, the same cannot be a reason to decree the suit in favour of
    the plaintiff. It has also been argued that the plaintiff has to stand on
    his own legs to prove his title through the vendor, defendant no.3
    through registered sale deed of the year 1990 (exhibit-1).

    66. It was the case of the plaintiff that the vendor of the plaintiff,
    defendant no.3 was the co-sharer of the properties left by Chotta
    Pandu Ho and defendant no.3 upon partition had sold his exclusive
    share to the plaintiff. It was asserted that father of defendant no.3
    [Gura Tiu son of Bamia Ho and grandson of Chotta Pandu Ho],
    namely Bamia Ho, received the suit property upon partition and
    defendant no.3 had exclusive right, title and interest over the suit
    property which he sold to the plaintiff vide registered deed of the year
    1990 (exhibit-1). It was asserted that the suit property (plot no. 2968)
    was recorded in the year 1964 [exhibit-8], exclusively in the name of
    Bara Bamia Ho. Since the plaintiff claimed that the suit property was
    exclusive property of defendant no.3 pursuant to partition, the plaintiff
    denied the title of Bamia Ho s/o Ranku Ho, the vendor of Sumi Kui
    with respect to registered sale deed of the year 1961(exhibit-C). The
    plaintiff further claimed that Sumi Kui was a fictitious lady. The
    learned court has recorded that in ‘Ho community’ at times, persons in
    different generation had the same name.

    67. This Court also finds that the learned 1 st appellate court has
    rejected the plea of the plaintiff regarding previous partition and has
    also rejected the plea of the plaintiff that the suit property was the
    exclusive property of defendant no.3 as a result of partition after
    having recorded that defendant no.3, who was alive did not participate
    in the suit. However, the learned 1st appellate court has recorded a
    clear finding that defendant no.3 was the co-sharer of the property and
    has held that defendant no.3 had sold the undivided interest in the
    property to the plaintiff and his share was to the extent of 1/18th of the
    suit property.

    68. With respect to exhibit-C the findings of the learned 1st
    appellate court are as under:-

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    2026:JHHC:13786

    ” I have already found that Ext.C does not confer any right,
    title and interest to defendant since Sumi Kui was not legally
    wedded wife and therefore he could not inherit any property
    further Ext. C shows that Sumi purchased land of Khat no. 29
    belonging to plot no. 2188 from Bamia Ho, s/o Rankua Ho
    but surprisingly plot no. 2188 of was not khata no. 29 was
    not recorded in the name of Bamia Ho son of Ranku in the
    survey settlement of 1917 not any other later survey
    settlement. Therefore, it becomes doubtful that Bamia son of
    Ranku has right, title and interest in the plot no. 2188 of
    khata no 29. I find that Ext 8 and 8/A shows that such plot
    and khata no. was recorded in the name of Chotta Pandu Ho.
    On this ground Ext.C does not confer any right, title and
    interest in the suit land. But any how in Ext.I the said plot
    which has been given a new no. 483 in the survey settlement
    of the year 1972 has been wrongly recorded in the name of
    Gura Bachan Singh.”

    69. Thus, while considering exhibit-C, the learned 1st appellate
    court held as follows: –

    a. Exhibit-C does not confer any right, title and interest to
    defendant since Sumi Kui was not legally wedded wife and
    therefore the defendant could not inherit any property.
    b. Exhibit-C shows that Sumi Kui purchased land of Khat no.
    29 belonging to plot no. 2188 from Bamia Ho, s/o Rankua
    Ho but surprisingly plot no. 2188 of khata no. 29 was not
    recorded in the name of Bamia Ho son of Ranku in the
    survey settlement of 1917 nor in any other later survey
    settlement.

    c. On the aforesaid basis it was held that therefore, it became
    doubtful that Bamia son of Ranku had right, title and interest
    in the plot no. 2188 of khata no 29.

    d. Ext 8 and 8/A shows that such plot and khata no. was
    recorded in the name of Chotta Pandu Ho.

    e. On aforesaid ground Ext.C does not confer any right, title
    and interest in the suit land.

    70. In Union of India v. Vasavi Coop. Housing Society Ltd.
    (2014) 2 SCC 269, it has been observed that it is trite law that, in a

    26
    2026:JHHC:13786

    suit for declaration of title, the burden always lies on the plaintiff to
    make out and establish a clear case for granting such a declaration and
    the weakness, if any, of the case set up by the defendants would not be
    a ground to grant relief to the plaintiff. A reference has been made to
    earlier judgement wherein it was held that in a suit for declaration if
    the plaintiffs are to succeed they must do so on the strength of their
    own title and that in a suit for ejectment based on title, it was
    incumbent on the part of the court of appeal first to record a finding on
    the claim of title to the suit land made on behalf of the plaintiff. The
    court is bound to enquire or investigate that question first before going
    into any other question that may arise in a suit. The court observed the
    legal position as under: –

    “19. The legal position, therefore, is clear that the
    plaintiff in a suit for declaration of title and possession
    could succeed only on the strength of its own title and
    that could be done only by adducing sufficient
    evidence to discharge the onus on it, irrespective of the
    question whether the defendants have proved their case
    or not. We are of the view that even if the title set up
    by the defendants is found against (sic them), in the
    absence of establishment of the plaintiff’s own title, the
    plaintiff must be non-suited.”

    71. In P. Kishore Kumar v. Vittal K. Patkar, (2024) 13 SCC 553, it
    has been held that in a dispute with respect to determination of title,
    merely pointing out the lacunae in the defendant’s title would not
    suffice. Having instituted the suit for declaration, the burden of proof
    rested on the shoulders of the plaintiff to reasonably establish the
    probability of better title.

    72. It is not in dispute that 2188 is the old plot number with respect
    to the suit property as recorded in the year 1917 (exhibit-8/a) and the
    corresponding plot in survey record of 1964 (exhibit-8) is 2968. It is
    also not in dispute during the course of arguments that the entire khata
    no.29 including plot no. 2188 has been exclusively recorded in the
    name of Chotta Pandu Ho and in the subsequent survey of the year
    1964, the same is recorded in the name of descendants of Chotta

    27
    2026:JHHC:13786

    Pandu Ho and the suit plot is numbered as 2968 and further exhibit- 8
    reveals that the suit plot is recorded in possession of Bara Bamia Ho.
    The entries in exhibit-8 have been discussed by the learned 1st
    appellate court and upon perusal of the same, it is apparent that the
    entries have been recorded with respect to Khata no.29 are as
    follows:-

    a. in the name of Pandu Ho, Singh Rai Ho, Ranku Ho, Gura,
    Rajnara and Damu Ho, all sons of Bamia Ho one share each
    and equal share;

    b. Damu Ho s/o Chotta Pandu Ho one share;

    c. Lakshman Ho s/o Ranku Ho one share.

    Plot No.2968 has been mentioned in the exhibit 8 in
    possession of Bara Bamia Ho.

    73. The exhibit- 8 reveals that one of the recorded tenants in 1964
    khaitan was Ranku Ho and exhibit-C was executed by Bamia Ho s/o
    Ranku Ho. Further, there is no question of recording of name of
    Ranku Ho in survey settlement of 1917 as the survey settlement of
    1917 (exhibit-8/a) was exclusively recorded in the name of Chotta
    Pandu Ho. Further, the suit plot no.2188 in Khaitan of 1917 (exhibit-
    8/a) was recorded in the name of Chhota Pandu Ho and the
    corresponding plot was plot no.2968 in Khaitan of the year 1964
    (exhibit- 8) and was shown in the possession of Bara Bamia Ho.

    74. In Prahlad Pradhan v. Sonu Kumhar, (2019) 10 SCC 259, a
    case arising out of partition suit, the contention raised by the
    appellants that since as per the Survey Settlement of 1964 the suit
    property was exclusively recorded in the name of a tenant, the suit
    property was his self-acquired property, was rejected by observing
    that the entries in the revenue records do not confer title to a property,
    nor do they have any presumptive value on the title. They only enable
    the person in whose favour mutation is recorded, to pay the land
    revenue in respect of the land in question. As a consequence, it was
    held that merely because name was recorded in the Survey Settlement
    of 1964 as a recorded tenant in the suit property, it would not make
    him the sole and exclusive owner of the suit property.

    28

    2026:JHHC:13786

    75. Since the plea of previous partition amongst the descendants of
    Chhota Pandu Ho has been rejected by the learned 1st appellate court,
    therefore plot no.2968 in Khaitan of the year 1964 (exhibit- 8) shown
    in the possession of Bara Bamia Ho was certainly a joint family
    undivided property.

    76. The finding of the learned 1st appellate court to hold that it
    was doubtful that Bamia son of Ranku had right, title and interest in
    the plot no. 2188 of khata no. 29 based on entries in the record of
    rights is perverse and cannot be sustained in the eyes of law.

    77. The case of the plaintiff was that there was partition amongst
    the descendants of Chhota Pandu Ho and the suit property was
    exclusively allotted to defendant no.3 and hence the vendor of Sumi
    Kui namely, Bamia Ho s/o Ranku Ho had no saleable interest over the
    suit property and it was their case that Sumi Kui was a fictitious lady.
    However, the fact that the vendor of Sumi Kui i.e. Bamia Ho s/o
    Ranku Ho was the descendant of Chhota Pandu Ho was not in dispute.

    78. It is important to note that the plea of the plaintiff that Sumi Kui
    was a fictitious lady was falsified by the cross examination of P.W-3.
    P.W. 3 in his cross-examination at paragraph 12 has stated that the
    sale deed dated 13.10.1961 was written by one Chandan and this
    witness has put his signature on the sale deed as witness and exhibited
    his signature as Exhibit B. Further, in paragraph 19, he has stated that
    Bamia Ho is son of Ranku Ho and he had sold the property to Sumi
    Kui after taking due permission and he had put his signature in the
    sale deed as exhibit B after being duly satisfied. He has also stated that
    in the registry office, he had identified Bamia Ho, son of Ranku Ho
    and consideration amount was paid then and there.

    79. From cross examination of P.W-3, it is clear that this witness
    had identified the vendor of Sumi Kui, that is, Bamia Ho s/o Ranku
    Ho. Thus, the witness of the plaintiff in cross-examination has
    supported the due execution of exhibit- C, and therefore, the case of
    the plaintiff that the sale deed (exhibit-C) was fictitious stood falsified
    by non-less than the witness of the plaintiff, P.W-3.

    29

    2026:JHHC:13786

    80. In Prem Singh v. Birbal, (2006) 5 SCC 353, it has been held
    that there is a presumption that a registered document is validly
    executed. Paragraph 27 of the said judgement is quoted as under: –

    “27. There is a presumption that a registered
    document is validly executed. A registered
    document, therefore, prima facie would be valid in
    law. The onus of proof, thus, would be on a person
    who leads evidence to rebut the presumption. In
    the instant case, Respondent 1 has not been able to
    rebut the said presumption.”

    81. In Rattan Singh v. Nirmal Gill, (2021) 15 SCC 300, the
    Hon’ble Supreme Court observed that when the disputed documents
    are registered, while examining as to upon whom the onus of proof
    would lie, the courts would be guided by the settled legal principle
    that a document is presumed to be genuine if the same is registered, as
    held by this Court in Prem Singh v. Birbal (supra). The Hon’ble
    Supreme court held that in view of aforesaid proposition, the initial
    onus was on the plaintiff, who had challenged the registered
    document.

    82. Further, it was never the case of the plaintiff that Bamia Ho son
    of Ranku Ho, vendor of exhibit-C was not one of the descendants of
    Chotta Pandu Ho. Rather their case was that on account of partition,
    the suit property fell in exclusive share of Defendant no.3 which was
    rightfully sold by defendant no.3 to the plaintiff in the year 1990
    (exhibit-1). The learned 1st appellate court rejected the plea of
    partition and also held that the genealogy could not be proved as even
    defendant no.3 was not examined although he was alive. In such
    circumstances, the execution of exhibit- C having been proved by the
    P.W-3, the right of Bamia Ho s/o Ranku Ho, one of the descendants of
    Chhota Pandu Ho, could not have been completely discarded and the
    suit property was a part of the undivided share of properties of Chotta
    Pandu Ho which was sold by Bamia Ho s/o Ranku Ho in favour of the
    Sumi Kui. Thus, the suit property having been sold in the year 1961
    through exhibit-C could not have been sold again in the year 1990
    (exhibit 1) by another co-sharer to the plaintiff.

    30

    2026:JHHC:13786

    83. It is important to note that plaintiff never prayed for a
    declaration that exhibit- C was illegal or otherwise null and void on
    account of any other reason except that it was challenged in the plaint
    that it was executed by fictitious persons which was falsified by the
    evidence of P.W-3.

    84. It is also important to note that neither previous partition
    amongst the co-sharers of Chhota Pandu Ho nor the genealogy of
    Chhota Pandu Ho was proved by the plaintiff. The plaintiff failed to
    prove that exhibit-C was executed in favour of fictitious person or was
    executed by person who had no title. The plaintiff miserably failed to
    prove his title on the basis of registered sale deed of the year 1990
    (exhibit-1) as the property was already sold vide exhibit- C to Sumi
    Kui. Though defendant no.1 could not prove his title through Sumi
    Kui or through adverse possession, but the same cannot be a ground to
    decree the suit as the plaintiff has to prove his title through cogent
    evidence, which the plaintiff has failed to prove.

    85. While answering the 2nd substantial question of law, it is held
    that –

    a. The finding of the learned court that defendant no.1
    neither had any title through Sumi Kui, the purchaser of
    the suit property through exhibit C in the year 1961 nor
    had perfected his title through adverse possession, does not
    call for interference.

    b. The finding of the learned 1st appellate court in holding
    that it was doubtful that Bamia son of Ranku (vendor of
    registered exhibit-C) had right, title and interest in the plot
    no. 2188 of khata no 29 based on entries in the record of
    rights, is perverse and cannot be sustained in the eyes of
    law.

    c. Consequently, the plaintiff has failed to prove his title
    based on registered sale deed of the year 1990 (exhibit-1)
    as the suit property was already sold by his co-sharer to
    Sumi Kui vide exhibit- C of the year 1961.

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    2026:JHHC:13786

    86. In view of the answers to both the substantial questions of law,
    this appeal is allowed.

    87. Pending interlocutory application, if any, is dismissed as not
    pressed.

    (Anubha Rawat Choudhary, J.)
    Date of Pronouncement: 06.05.2026
    Saurav/-

    Date of Uploading: 08.05.2026

    32



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