RAM LOCHAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The plot in dispute is 591 appertaining to Khata No. 29, measuring 4 kathas 6 dhurs, described as per the Petitioner's case, as GAIR MAZARUA MALIK land of Hathwa Maharaj.

(2.) The case of the Respondent No. 7 is that this plot of land vested in the State of Bihar and as such the Respondent No. 7 has applied for settlement of the lands in her favour.

(3.) The Petitioner claims that the land was settled to Basudeo Rai by Hathwa Maharaj vide a document dated 5.7.1945, rent receipts were also issued by the ex-landlord to said Basudeo Rai. At the time of vesting, the ex-landlord submitted returns in favour of Basudeo Rai. The Petitioner claims that his vendor has been paying rent to the State of Bihar and after the lands were transferred in the name of the Petitioner and his brother on 18.8.1960, he stepped into the shoes of his vendor and is paying rent to the State of Bihar, on the basis of mutation proceeding.