RAM BALAK SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is plaintiff's appeal arising out of a suit for possession and confirmation of his possession over the suit land which was decreed in his favour by the court of first instance but the decree was set aside in First Appeal and was affirmed by the High Court.

(2.) The dispute in the suit is regarding 0.32 decimal of land of R.S.P. No.821 situate in village Kishanpur, district Sitamarhi, Bihar. This area of land was carved out from C.S.P. No.332 of Khata No.196 which belonged to Rambati Kuwer, the ex-landlord.

(3.) The aforesaid ex-landlord Rambati Kuwer settled the above area of the suit land in favour of Makhan Singh, son of late Ram Govind Singh vide lease deed (patta) of 1341 fasli whereupon the said Makhan Singh continued in possession of it during his lifetime. The said Makhan Singh had no issue. It is alleged that he adopted plaintiff-appellant who inherited the suit land after Makhan Singh. Accordingly, plaintiff-appellant is presently in possession of the suit land which had been in his family's possession ever since it was settled by ex-landlord Rambati Kuwer in favour of Makhan Singh.