DEWAN MAJHI Vs. SUKHU MAJHI

JUDGEMENT

(1.) THE short question raised in this second appeal, on transfer from the high Court, Patna, is as to how a korkar right can be acquired by the defendants respondents, under the provisions of the Chhotanagpur Tenancy Act, 1908 (Bengal Act VI of 1908), hereinafter I would refer as the Act,

(2.) THE land in dispute is in one plot but in two blocks-A and B, within Mouza Keshargarh, P. S. Hura, district Manbhum previously within the state of Bihar, now in the District of purulia within the Stale of West bengal, The whole plot was a big plot, recorded as 'jungle', in the landlord's khewat No. 1, i. e. , in khas possession of the grand-father of pro-forma defendant No. 5, who is Raja Jyoti Prosad singh Deo of Panchkot. The area of the land in Block 'a' is 0. 45 acres and that of Block 'b' is 0. 15 acres.

(3.) THE plaintiffs' case in short was, that they had taken settlement from the landlord of the disputed land. They reclaimed the same at a great cost and labour but the defendants forcibly uprooted the paddy seedlings from the plots on August 12, 1948 and reploughed the same. Hence, the plaintiffs prayed for declaration of their title in respect of the said two portions of land. They also claimed damages to the extent of Rs, 40/ -.