GOBIND MOHAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The plaintiffs have filed this appeal challenging the judgment and decree dated 04.08.1979 passed by Sri Lala Anjani Kumar Sinha, the learned 4th Additional Subordinate Judge, Darbhanga in Title Suit No. 243 of 1967 dismissing the plaintiffs -appellants' suit for declaration of title and for permanent injunction restraining the defendants -respondents from interfering with the possession of the plaintiffs -appellants.

(2.) The plaintiffs -appellants claimed the aforesaid relief on allegation that late Maharajadhiraja, Darbhanga was the owner of the suit property consisting of various municipal plots which is situated to the south east of tank known as Harahi tank and west of Darbhanga Railway Station. All the said plots have been amalgamated into one plot. Most of the plots forming the block previously were owned by different tenants under various Maliks of the Tauji. Subsequently, the Darbhanga Improvement Trust constituted under the Darbhanga Improvement Trust Act of 1934 under an Improvement Acquisition Scheme acquired the aforesaid plots of land in the year 1936 and came in possession. On 1.11.1936 late Maharajadhiraja, Darbhanga purchased the suit land from the Improvement Trust for a consideration of Rs.2000/ - by a registered sale deed. In the said sale deed the suit land has been described as one block. After purchase late Maharajadhiraja came in possession and continued in possession thereof. He leveled the land at huge cost and brought under his Khas cultivation and on behalf of him several plants, flowers and vegetables were being grown. Thereafter, in 1941 the suit land was enclosed by a boundary wall constructed in three sides i.e. east, north and south. In the west, the tank is situated. After obtaining due permission from the municipality the said boundary wall was constructed and three feet wide road was left towards the east of the compound wall. Late Maharajadhiraja continued in possession thereof by growing vegetables and flowers and also after vesting of Estate of Raj Darbhanga in 1951 he continued in possession thereof. Subsequently, an application was filed for fixation of rent for the said land in the year 1960 which remained un -disposed of. During the life time of Maharajadhiraja there was a proposal for construction of houses but Maharajadhiraja died and the plaintiffs assume the charge of administration of the Estate of Raj Darbhanga and took of the charge of construction of buildings on the suit land after sanctioned of the plan.

(3.) The further case of the plaintiffs is that the then D.M. personally gave instruction to stop the construction of buildings and directed the Additional Collector to make inquiry and in course of the said inquiry Anchal Adhikari issued notice to the plaintiffs calling upon him to produce evidence of title. The plaintiffs produced the documents of title and the Anchal Adhikari submitted his report but no order was passed. The plaintiffs filed several petition before the authority and also before the Government and thereafter order was passed holding that the land belong to the Government and action would be taken under Public Land Encroachment Act.