GANESH CHANDRA JEW Vs. KALIA SINGH & OTHERS

JUDGEMENT

(1.) Plaintiff is the appellant against an affirming judgment. The suit was for declaration of title and eviction of the defendant no.1 from the piece of land.

(2.) Case of the plaintiff was that Bahadur Singh was the Topa Paika Jagirdar. He enjoyed the Jagiri lands mentioned in Schedule-A of the plaint. After his death, his eldest son Meghu Singh-defendant no.2, became Topa Paika. He was in possession of the land. Jagiri system was abolished. Schedule-A land was settled by the State in favour of defendant no.2. Defendant no.2 sold the same to Lalmohan Singh-defendant no.3 by means of a registered sale deed. While the matter stood thus, defendant no.3 sold the suit land to the plaintiff in the year 1974 and delivered possession to him. It was pleaded that defendant no.1 trespassed over Schedule-B land, which is a part of Schedule-A land and constructed a house thereon. He has no semblance of right, title and interest over the same.

(3.) Defendant no.1 filed a written statement denying the assertions made in the plaint. It was pleaded that defendant no.1 was the absolute owner in possession of the suit land. The entire schedule-A land was Topa Paika Jagiri land of Sukulal Singh, grandfather of defendant nos.1 and 2. Sukulal died leaving behind four sons, namely, Bahadur, father of defendant no.2, Tribhuban, Shyama father of defendant no.1 and Rama. After death of Sukulal, the land was recorded in the name of the eldest son Bahadur.