STATE OF BIHAR Vs. GYANESHWAR SAH

JUDGEMENT

(1.) This appeal is directed against the Judgment and decree dated 6.2.1993 passed by Sri Rameshwar Rai, Sub-Judge 1, Bhagalpur,in Title Suit No.192 of 1987 whereby the learned court below decreed the suit of the plaintiffs- respondents.

(2.) The plaintiffs- respondents filed the aforesaid suit for declaration of title over the suit land described in detail in Schedules-A and B of the plaint. The plaintiffs also prayed for declaration that the award prepared in the name of the Collector, Bhagalpur, regarding Schedule-A property is wrong and the plaintiffs may be permitted to receive the payment of the awarded amount in Awards No.95 and 96 with interest pendentelite. They also prayed for enhancement of compensation. They also prayed that their names may be entered in the survey record of rights.

(3.) The plaintiffs respondents claimed the aforesaid relief on the facts inter alia that the plaintiffs are the owner of the suit land. In the year 1918 one Fudo Saw S/o Bhairo Saw executed a registered Kabuliyat deeds No.1380 and 1381 as karta of joint family of two sons of Bhairo Sah. The said Kabuliyat deed was executed regarding 155 bighas 16 kathas and 6 dhoors in favour of ex-landlord Babu Hari Charan Ganguli. Thereafter Fudo Sah and Shyam Sah both came in joint possession over the said land. They were paying rent to the ex- landlord. Subsequently the grand sons of Bhairo Sah partitioned the suit property. In the said partition each co-sharer, Rameshwar Sah, Ishwar Sah, Matuki Sah and Dhana Sah got 39 bighas, 5 kathas and 6 dhoors in their share. Thereafter they were muted in the Serista of ex-landlord with respect to their separate share and zamabandi were opened separately. After vesting of zamabandi they paid rent to the State of Bihar. After the death of Ishwar Sah his son, namely, Ganeshwar Sah and Yogeshwar Sah partitioned the property of Ishwar Sah and came in possession of their respective share. Their new survey plot numbers are 2726 and 2739 of Khata no.1234. Likewise the grand son of Matuki sah also partitioned their property with regard to new survey plots no.2730 and 2756 of that khata. The further case of the plaintiffs is that no land remained as Gairmajarua land. Only some portion of the suit land has been wrongly recorded in the name of Bihar Sarkar and illegal possession of the plaintiffs have been shown.The entry is wrong and inspite of that entry the plaintiffs are coming in possession over the same. Therefore, the suit has been filed for rectification of the record of right.