HIRA PASWAN Vs. BADRI NARAYAN SINGH

JUDGEMENT

(1.) This first appeal has been filed by the plaintiffs-appellants against the judgment and decree dated 29th May 1993 passed by the learned Sub Judge 2nd Munger in Title Suit No. 6 of 1985 dismissing the plaintiffs-appellants' suit for declaration of title and confirmation/recovery of possession of the suit property.

(2.) The plaintiffs-appellants filed the aforesaid suit claiming for the said reliefs for declaration of title and confirmation of possession and in the alternative for recovery of possession on the suit property as described in detail in Schedule-I to the plaint on the facts inter alia that the suit property comprising within survey plot Nos. 560, 562, 563 and 559 measuring 63 decimals, 74 decimals, 4 decimals and 74 decimals respectively total being 2.15 acres of village Jainagar are the Nagadi Rayatee Kayamy Jot land of their ancestor Choa Dusadh. He died leaving behind only son Dhobi Dusadh, who intern died leaving behind two sons Balchand Paswan and Baiju Paswan. The plaintiff Nos. 1 to 3 are sons of Balchand Paswan whereas, the plaintiff No. 4 is son of Baiju Paswan. The further case is that Choa Dusadh remained in possession during his lifetime and after his death his son came in possession and then his grand-sons and plaintiffs were coming in possession over the suit land. They have also partitioned the suit property between them. The further case is that the plaintiffs' ancestors were paying rent to the ex-landlord against the grant of rent receipts but the ex-landlord did not file return at the time of vesting of Zamindari. Therefore, the plaintiffs filed Kabil Lagan Case No. 6 of 1982-83 before Anchal Adhikari, who allowed the same on 20.5.1982 and then the plaintiffs paid rent to the State of Bihar. One Ram Ratan Das filed Zamabandi Correction Case No. 1 of 1982-83 before Anchal Adhikari, who cancelled the Zamabandi in the name of plaintiffs. The Dy. Collector In-charge, Land Reforms in Case No. 6 of 1983 at the instance of Manohar Paswan also directed to correct the Zamabandi on the recommendation of Anchal Adhikari. The appeal filed by the plaintiffs was dismissed on 4.8.1989.

(3.) The further case of the plaintiffs is that the Case No. 38 of 1909-10 was started for the transfer of Chaukidari chakaran land under Section 50 of the Village Chaukidari Act, 1870. The suit land was not auction sold nor delivery of possession was given to the auction purchaser of the suit land in the said case No. 38 of 1909-10. The Character of the suit land has changed much before the survey operation and it is no longer Chaukidar chakran land, so Choa Dusadh became permanent Raiyat of the suit land. No delivery of possession was affected. The landlord was entitled to rent of Rs. 10 - 10 ana. Choa Dusadh had been paying the said rent and the landlord was assessed under Section 47 of the said Chaukidari Act at Rs. 5 - 5 ana. The plaintiff also challenged the orders passed in Zamabandi Correction Case No. 6 of 1982-83. The further case of the plaintiffs is that the story of gift by the defendants in favour of Sri Thakur Ram Janaki is void because the executants of gift had no title.