BAPURAM DUTTA Vs. HIMESWARI BORA

JUDGEMENT

(1.) This second appeal is by plaintiffs.

(2.) The following facts are not disputed. Late Api Dutta died leaving behind four sons, namely - Late Baupti, Late Kon, Late Bhakti and Late Narayan. Late Narayan died leaving behind two son, namely - Bapuram and Shishuram and they are the plaintiffs in the present suit. The eldest son Late Baputi died leaving behind one son Jogai, who was the original defendant in this suit and after his death his sons and daughters have been impleaded as defendants. Kon died leaving behind his widow Bhedau and they had no children. The son Bhakti died unmarried. The land of the original owner Late Api Dutta were divided amongst his four sons. The present dispute relates to share of his second son Late Kon and the area of land was 17 Bighas 2 Katha 5 Lechas. After the death of Bhedau, the present plaintiffs claimed 9 Bigha 1 Katha 8 Lechas which is the suit land. The original defendant Late Jogai, son of late Baputi, got 8 Bigha 0 Katha 17 Lechas as his share of the land belonging to Late Kon and this land is not in present dispute and no claim has been preferred by plaintiffs in respect of this land. As stated above, the present dispute is in respect of 9 Bigha 1 Katha 8 Lechas. According to plaintiffs they inherited this land as their share from Late Kon after the death of his wife Late Bhedau.

(3.) During the lifetime of Bhedau she got her name mutated after the death of her husband Kon in respect of share of Kon measuring 17 Bigha 2 Katha 5 Lechas. Subsequently, in the year 1941 Late Jogai and the present plaintiffs also got their names mutated for their respective shares they inherited from late Bhedau. According to the plaintiffs while mutating their names in respect of share of the land inherited from Late Kon, in the revenue record there was some mistake which came to the notice only in the year 1963. Thereafter they filed a petition for correction before the Assistant Settlement Officer which was allowed. Plaintiffs have alleged that they were in possession of the land by paying land revenue and on 18-1-1954 Late Jogai, the original defendant purchased 4 Bigha 1 Katha 2 Lechas of land out of the present suit land at Rs. 1,300.00 by a registered sale deed and also obtained possession. On the same day Late Jagai executed another deed to re-transfer the above land to the plaintiffs on payment of the said sum of Rs. 1,300.00 within a period of two years. In respect of the remaining area of the land which they inherited from Late Kon, the plaintiffs have alleged that Late Jogai took his land on Adhi basis from the plaintiffs and he was duly delivering Adhi share of crops to the plaintiffs. The plaintiffs offered Rs. 1,300.00 to Late Jogai for the land sold but he refused to accept the amount and thereafter plaintiffs obtained a decree in Title Suit No. 56 of 1961, which was affirmed by the appellate Court. On 4-4-1964 Jogai accepted the said amount of Rs. 1,300.00 through Court and resold the land measuring 4 Bigha 1 Katha 2 Lechas to the plaintiffs with delivery of possession. It has been alleged that during the last settle-ment operation Late Jogai in conspiracy with Mandal, i.e. Revenue Staff, got the said land (4 B. 1 K. 2 L.) mutated in his name in the revenue record showing that it was acquired by purchase and in respect of remaining area of the land as Adhiar. Jogai also stopped payment of the share of crops to the plaintiffs and refused plaintiffs to take possession of the suit land. Hence, this suit for declaration of title and recovery of possession and also for cancellation of mutation in revenue record.