STATE OF BIHAR Vs. JANKI BHUIYAN

JUDGEMENT

(1.) THIS second appeal has arisen from order dated 2.4.98 of the District Judge of Hazaribagh, declining to condone the delay in filing of Title Appeal No. 5/97 against the judgment and decree of the trial Court in Title Suit No. 4./95 and consequently, dismissing the appeal aforesaid as barred by limitation.

(2.) IT appears that the plaintiffs/respondents 1 to 16 had instituted Title Suit No. 4/95 in the Court of the Subordiante Judge at Chatra for declaration of their title in respect of 22 acres land of plot Nos. 10 and 1148 of khata No. 150 situated at Barisakhi and for permanent injunction restraining the present appellants and respondent Nos. 17, 18 and 19 from interfering with the peaceful enjoyment of the plaintiffs of the said lands. Their case was that their ancestors Bandhan Bhuian, Ganesh Bhuian, Dhanu Bhuian and Bhaura Bhian @ Moti Bhuian had taken settlement of 62.23 acres of gairmajarua land of plot No. 1148 and 44.70 acres of gairmajarua land of plot No. 10 aforesaid from the ex -landlord on the basis of hukumnama dated 1.4.1923 The settles came in possession. After taking settlement, the settlees and their descendants including the plaintiffs reclaimed those lands and were enjoying the usufructs thereof. Their names were also mutated and they were obtaining rent receipts on payment of rent; However, on 15.11.1994 the Anchal Amin as well as the Circle Inspector of Itkhori Anchal accompanied by forest guards went to those lands to measure the same for digging for pits for plantation of trees on the strength of an order passed by the Deputy Commissioner of Chatra on 20.10.94. Since the plaintiffs -respondents were threatened of the prospect of being dispossessed from the suit lands, they instituted the suit in the Court of the Subordinate Judge of Chatra for the reliefs of declaration of their title and permanent injunction. The defendants appeared and filed a written statement to contest the suit on the ground inter alia that all the gairmajarua lands vested in the State of Bihar. Since the lands in question were forest lands, the plaintiffs had no right, title and interest in respect thereof. Issues were settled and evidence led on both the sides; On consideration of the evidence on record, the learned Subordiante Judge decreed the suit declaring the title and interest as well as possession of the plaintiffs over the lands in suit. The judgment was delivered on 29.8.1995. The decree was drawn, signed and sealed on 8.9.95. Against the judgment and decree passed in Title Suit No. 4/95, the State preferred an appeal before the District Judge on 27.1.95.

(3.) AT a subsequent stage, an application under Sec. 5 of the Limitation Act for condoning the delay was filed on behalf of the appellants on 14.9.97. The copy of the limitation application filed in the Court of the District Judge in Title Appeal No. 5/97 is Annexure -4. In their application, the appellants took a plea that since the local Forest authorities, particularly, the D.F.O. of Chatra was not impleaded as one of the defendants, they could not know of the judgment and decree in appeal. They also took a plea that due to paucity of sufficient fund, certified copy was not obtained in time. When the local authorities came to know of the judgment and decree, they obtained certified copy of the judgment and decree and after obtaining necessary permission from higher authorities, the appeal was preferred on 27.1.97. On the grounds stated in application at Flag A, the appellants had sought Condonation of the delay. However, by the impugned order, the learned District Judge of Hazaribagh declined to condone the delay and rejected the limitation application on the ground that the appellants had failed to make but a case that there was sufficient cause which prevented then appellants from filing the appeal within time. Simultaneously, the appeal Was also dismissed.