BHUPAL SINGH Vs. GANESH AHIR

JUDGEMENT

(1.) This intra Court appeal under Clause-10 of the Letters Patent of the High Court of Judicature at Patna is directed against the judgment and decree dated 9.4.1997, passed by a learned Single Judge of this Court in F.A. No. 355 of 1975, whereby while allowing the aforesaid first appeal, the judgment and decree dated 9.7.1975, passed by the learned Sub-ordinate Judge, Buxar, in Title Suit No. 86 of 1967/40 of 19/4, was set aside and suit of the Plaintiffs-Appellants has been dismissed.

(2.) The Plaintiffs-Appellants herein brought Title Suit No. 86 of 1967 in the Court of learned Subordinate Judge-2, Ara on 23.11.1967, which was subsequently transferred to the Court of learned Subordinate Judge, Buxar, and was re-numbered as Title Suit No. 40 of 1974. In the aforesaid title suit, the Plaintiffs sought a declaration that 20.85 acres of lands situate at Mauza-Basudhar, P.S.-Itarhi, District-Buxar, originally in the district of Sahabad, appertaining to Tauzi No. 6118, detailed in Schedule-5 of the plaint, were their zirat lands and after vesting of the Zamindari in the State of Bihar, they acquired status of statutory occupancy raiyat. The Plaintiffs further sought a declaration that the Defendants have no title over the suit lands and the Plaintiffs were illegally dispossessed by the Defendants from the same and, therefore, they prayed for a decree for recovery of possession over the suit land, after ejecting Defendant 1st set to 3rd set (hereinafter referred to as 'contesting Defendants'). Besides that, Plaintiffs prayed for past and future mesne profits and an order of injunction, restraining the Defendants from doing any overt act with respect to the suit land.

(3.) The suit was contested by the contesting Defendants and a joint written statement was filed on behalf of Defendants No. 1 to 4, 6, 7, 11, 14 to 16, 22, 24 to 26 and 33 to 35 denying the claim of the Plaintiffs and praying therein for dismissal of the suit with costs. Separate written statements were filed on behalf of minor Defendants by their respective Guardians Ad Litem (G.A.L) praying therein for dismissal of the suit. On contest the suit was decreed by a judgment and decree dated 9th July, 1975 by learned Subordinate Judge, Buxar, which has been reversed and set aside by a learned Single Judge of this Court in the first appeal filed by the contesting Defendants. Hence, this L.P.A. at the instance of the Plaintiffs.