SUNDARPATI KUER Vs. SHANTI DEVI

JUDGEMENT

(1.) ORIGINAL plaintiff, Nageshwar Prasad filed Title Suit No. 10 of 1976 against the defendant for declaration that the suit lands, described in Schedule I to the plaint were his Kast land under direct cultivation and defendants first party were not Bataidars over it and they were not entitled to dispossess him.

(2.) IN respect of the suit land (plot no. 84, area 12 Kathas 11 dhurs), one Kali Prasad Pandey stood recorded as tenant in the Khatiyan. His son, Uma Shankar Pandey sold it to plaintiff 's father, Raghubar Ram by registered sale deed dated 28.2.1939. One Prithwinath Mishra ancestor of defendants 1 to 8 was recorded Sikmidar for the said land under Sikmi Khata no. 2.

(3.) TRIAL court on the basis of materials on record decreed the suit in part holding that no doubt plaintiff had title over the suit land, but ancestor of defendants 1 to 8 was in possession over it as Sikmidar and after him they were in cultivating possession thereof. Hence, there was no occasion for plaintiff 's dispossession by them. Sikmidars have already acquired occupancy right and they were liable to divide the produce of the suit land with the plaintiff in accordance with law.