KOUTUKI SABATANI Vs. RAGHU SETHI

JUDGEMENT

(1.) THIS is an appeal against a reversing judgment of the Additional Subordinate judge, Behrampur dismissing the plaintiff-appellant's suit for declaration of title to the suit lands and for an order of injunction restraining defendant No. 1 from interfering with her possession thereof or, in the alternative, for recovery of possession of the lands.

(2.) ACCORDING to the plaintiff-appellant, the suit lands are ryoti lands belonging to one Buchi Ram Das, the land-holder of village Dwargam where the lands are situated. Buchi Ram Das had gifted away these lands to the villagers of Dwargara free of rent and since after the grant, the villagers have acquired occupancy right therein. Some time afterwards Buchhi-ram sold his interest in Dwargam estate to defendant No. 27 Kontho Chowdhury. The latter demanded rent for the lands from the villagers and when they resisted, he started some cases against them and to meet the litigation expenses, the villagers had incurred a loan from the husband of the plaintift Ultimately the villagers succeeded in the suit and thereafter they sold the disputed lands to the plaintiff under a registered deed of sale dated 1-5-1957. Since then the plaintiff was in peaceful possession of the lands. Defendant No. 1 however claiming the suit, lands as his washerman's service lands began to disturb the possession of the plaintiff over the same and ultimately instituted a proceeding under Section 145 Cr. P. C. against her on the ground that the lands belonged to him and were in his possession and that the same had been recorded in his name in the current settlement. It is in these circumstances that the plaintiff filed the suit giving rise to this appeal.

(3.) THE learned Munsif decreed the suit in favour of the plaintiff, but in appeal by defendant No. 1 the learned Addi-Subordinate Judge held that the plaintiff has failed to establish the title of her vendors in the suit property. He held on the other hand that defendant No. 1 has established that he has got occupancy right in the suit lands. He, therefore, allowed the appeal and dismissed the plaintiff's suit. Hence this second appeal.