PURO GOUDO Vs. SRI UDAY PRATAP SINGH DEO

JUDGEMENT

(1.) This appeal arises out of a suit filed by the Zamindar of Shergada Estate for delivery of possession of 39.49 acres of land in village Brahmahatya within the ambit of his zamindari and for other reliefs.

(2.) The plaintiff's case is that the suit lands bearing survey Nos. 60, 107 and 115 are his 'hetta' or private lands and that the defendants No. 6, 7, 8 and 20 took them on lease for Fasli 1348 and entered upon the lands as his tenants, that the lease was renewed by a registered document for the subsequent Fasli, but that at the instigation of one Gobind Pradhan the defendants refused to surrender possession and claimed occupancy rights in them. The dispute between the parties led to initiation of proceedings under Section 145, Criminal P. C., and the Sub-Divisional Magistrate passed an order upholding the possession of the defendants. The plaintiff was, therefore, obliged to file the suit for declaration of his title and for a permanent injunction restraining the said defendants from entering upon the suit lands, or in the alternative, for delivery of possession and for other reliefs. The other defendants are alleged to have combined with defendants Nos. 6, 7, 8 and 20 and prevented the plaintiff from taking possession.

(3.) The case for the defendants is that the suit lands are not 'hetta' lands, and that they have been in their possession from time im memorial as their 'Jeroyati' lands. They denied the genuineness and validity of the leases executed by defendants 6, 7, 8 and 20 and denied the right ct the plaintiffs to recover possession.