CHANDWA PASI Vs. LAXMAN YADAV

JUDGEMENT

(1.) The plaintiffs-respondents-appellants have filed this Second Appeal against the judgment and decree dated 13.05.1988 passed by learned Additional District Judge VII, Gaya in Title Appeal No.17 of 1988/19 of 1985 whereby the Lower Appellate Court allowed the appeal and reversed the judgment and decree of the trial court dated 30.04.1982 passed by learned Munsif III, Gaya in Title Suit No.40 of 1980.

(2.) The plaintiffs-appellants filed the aforesaid suit for declaration of right, title and possession over the land denoted by letter ABCD and for declaration that the said land is part and parcel of R.S. Plot No.1771. The plaintiffs also prayed for declaration that the khatiyan and the map of the revisional survey are wrong and the defendants have no right, title or possession over the said land.

(3.) The plaintiffs claimed the aforesaid relief alleging that C.S. Plot No.863 measuring 1 acre 14 decimals and C.S. Plot No.865 measuring 2 acres 30 decimals was recorded in the cadastral survey in the name of Bhikhari Gope and Shankar Gope as Bhauli Bataidar Raiyat under Arshad Ali Khan. Because they were unable to pay the rent, the rent accumulated so, they surrendered both the plots of khata no.59. Subsequently, they executed a sada memorandum of surrender in 1339 Fasli. Since the date of surrender, the recorded Raiyat or their heirs had no interest in the same. By Hukumnama, Exhibit 13 dated 20 Jeth 1353 Fasli, the landlord settled 1 bigha 5 katthas of plot no.865 with Chaudhary Pasi, the father of plaintiff nos.1 to 5 and 7. Chaudhary Pasi constructed house and the rest of the lands were under his cultivating possession. Part of C.S. Plot No.865 was also settled by landlord in favour of Nanhku Chamar.