SHANTI DEVI Vs. AWADH KISHORE TRIVEDI

JUDGEMENT

(1.) THE defendant has filed this second appeal against the Judgment and Decree dated 11.12.1990 passed by the Special Judge, Gaya in Revenue appeal No.7 of 1987 whereby the lower appellate Court dismissed the appeal and thereby confirmed the Judgment of the trial Court dated 23.2.1987 passed by Revenue Officer, Gaya in suit No.5711 of 1981.

(2.) THE plaintiffs-respondents filed the aforesaid suit before Revenue Officer under Section 106 of the Bihar Tenancy Act for correction of the Revenue record regarding the suit property measuring 28 decimal. The plaintiffs case in short is that the suit property was settled by the ex. landlord in favour of the father of the plaintiff. After settlement, Parwana was issued and rent receipt were also issued. After vesting of Jamindari, the father of the plaintiff was mutated in the State of Bihar and was obtaining rent receipt. Subsequently, their father gifted the property to the mother of the plaintiff. Since after gift the Jamabandi is in the name of the mother. However, in the recent survey, instead of recording the name of the plaintiff, the suit land has been recorded wrongly in the name of the defendants but the plaintiffs are in possession of the property.

(3.) BOTH the parties adduced evidences oral and documentary. On the basis of the evidences available on record, the Revenue Officer recorded the finding that the plaintiff is in possession of the property and accordingly, held that the entry was wrong and the suit was decreed. The appellant filed appeal before the Special Judge under the Bihar Tenancy Act. On consideration of the evidences oral as well as documentary, the lower appellate Court also recorded the finding that the plaintiff are in possession and the defendant failed to prove their possession. Accordingly, the title appeal was dismissed.