HARIHAR RAM Vs. BEDA RAM

JUDGEMENT

(1.) THIS appeal is by the plaintiffs from the confirming decision of the lower appellate court.

(2.) ORIGINALLY plaintiff No. 1 filed this suit for a declaration that defendant No. 1 has no right, title and interest over Schedule 'b' land and that the entry in the recordof-rights of 1962 settlement of defendant No. 1's name in respect of the said land is wrong and that he has right of way over the said land and for permanent injunction restraining defendant No. 1 from setting up a shop or making any kind of construction upon the said land. Subsequently, by order of the High Court passed in C. R. No. 79 of 1967 the plaintiff was allowed to amend his plaint and to convert it to a representative suit under Order 1. Rule 8, C. P. C. on behalf of the villagers of Gureipali. By amendment, the original prayer (e) of the plaint was amended and a declaration was sought that the villagers of Gureipali have right of way over Schedule 'b' land.

(3.) SCHEDULE 'b' land measures about A0. 01 decimal and appertains to plot No. 191 in khata No. 14 of mouza Gureipali of the 1962 settlement. It appears from Ex. H, the parcha, read with the R. S. record-of-rights (Ex. Q) that C. S. Plot No. 191 comprising of 1 decimal has been carved out of the southern portion of K. S. Plot no. 280 which had been recorded as a rasta in Ex. Q. because the northern boundary of this C. S. plot No. 191 has been described to be a rasta. The C. S. record-of-rights of 1962 (Ex. G) shows that there is a house standing on C. S. plot no. 191. In the R. S. record-of-rights (Ex. Q), though R. S. plot No. 280 has been shown to be rasta, there was also mention of chalia on a part of it. In absence of anything to the contrary on the record rebutting the presumption of these recordsof-rights, it is bound to be held that there was a chalia on 1 decimal of land which was once a part of R. S. plot No. 280 but now constitutes a separate C. S. plot No. 191, The balance of R. S. plot No. 280 continues to be recorded as rasta. The R. S. map (Ex. 2) reflects the entries in the R. S. Record-of-rights (Ex. Q ). Similarly C. S. map, Ex. 1, reflects C. S. record-of-right (Ex. G), because there are dots in those r. S. and C. S. plots indicating the existence of a challa.