MURTI DUSADHIN Vs. MOHAMMAD MIR KHAN

JUDGEMENT

(1.) One Mohd. Mir Khan brought a suit in the Court of the Munsif Aurangabad against a number of persons for a declaration that 8 bighas of land under Khata No. 22, situate at Mauza Gopalpur, Dist. Gaya, constituted the bakasht interest of the plaintiff, who had been in possession and occupation thereof, and he prayed in the alternative 'that if in the opinion of the Court the plaintiff be deemed to have been dispossessed from the suit land under S.144 (Cr. P.C.), in that case, the plaintiff may be put in sir possession thereof on dispossession of the defendants and a decree for future mesne profits from the date of dispossession till the date of realisation, may also be passed in favour of the plaintiff.' He alleged in the plaint that the said sir land had been in sir possession of the plaintiff and 9.81 acres (including the said 8 bighas) is recorded in the Record of Rights, i.e., Survey Khaitan, as the bakasht land of the plaintiff. He further alleged that he had sown scads in two bighas in the month of Asadh 1353, when defendants 2, 3 and 5 interfered with his possession. Proceedings under S. 144, Cri. P.C., were started which resulted in a decision against him. He asserted that the defence of the above defendants in S.144 proceedings that plots Nos. 587, 832 and 846 and portion of 881 had been settled by him and that they were in possession, was false. He further stated that after the S. 144 proceedings he grew rabi crop in the suit land after cultivating the same with his own plough and bullock and was still in possession but since a cloud had been cast over the title of the plaintiff due to the decision in S. 144 proceedings, the plaintiff was entitled to get his title to possession over suit land confirmed by court.

(2.) It is apparent from the above recital that, except in the relief clause, the plaintiff asserted that he had been in possession and continued to be in possession and that he had title to the land. It was in the alternative that he prayed for possession if the plaintiff be deemed to have been dispossessed.

(3.) The defendants in their written statement did not deny the title of the plaintiff to the suit land but asserted that