MOST SURAJ DEVI PARIWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS second appeal is against the judgment passed in Title Appeal No. 48 of 1997 by 6th Additional District Judge, Purnia affirming the judgment passed by Sub -Judge III, Araria in Title Suit No. 30 of 1984.

(2.) THE suit was filed by the State of Bihar and the defendants are the appellants.

(3.) THE defendants in their written statement denied the possession of the plaintiff over the suit land and it has been stated that the ancestor of defendants 1 and 2 are in continuous possession over the suit land for more than 12 years i.e. since the date of settlement on 22.9.1948 by execution of Kabuliyat duly registered and also by Parwana dated 5.11.1948 executed by the Manager of the Sultanpur Estate. The municipal survey entry was finalised after the objection made on behalf of the plaintiff, and the suit land had been settled in the name of defendants. It has been claimed that the suit land was never a jalkar and the same was not owned by the State of Bihar at any time, The collusion or fraud alleged by the plaintiff in preparation of municipal survey khatian has been denied and it has been stated that the State of Bihar has accepted the rent of the suit land, and, thus, the suit is fit to be dismissed.