RAM BRIKSH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of the Code of Civil Procedure has been preferred against the Judgment dtd. 25/9/2018 and Decree 4/10/2018 passed by Additional District Judge-VIII, Gaya in Title Appeal No. 14 of 2017 (09 of 2008) dismissing the appeal and affirming the Judgment dtd. 12/12/2007 and decree dtd. 20/12/2007 passed by Munsif -IIIrd, Gaya in Title Suit No. 8 of 1997, whereby and whereunder the suit was dismissed on contest.

(2.) The appellants were the plaintiffs in the Trial Court who had filed the suit, inter alia, for declaration of right, title and interest of plaintiffs over the suit land (detailed in Schedule-1 of the plaint) and for confirmation of possession over the same.

(3.) The case of the plaintiffs/ appellants is that C.S. Khata No. 47 having C.S. Plot No. 195 finds recorded in the name of one Marchhu Gope and C.S. Khata No. 85 having C.S. plot No. 196 finds recorded as 'Gair Mazarua Thikedar' in C.S. record of rights and in possession of the Bishwanath Narain Singh. Marchhu Gope surrendered his raiyati interest in the land to the landlord Bishwanath Narain Singh of Sahbajpur estate. The further case of plaintiffs is that the said Bishwanath Narain Singh settled both the suit plots in favour of the brother of the plaintiffs namely, Khirodhar Gope and possession was also delivered to him on 11/12/1948 and a memorandum of the transaction/ settlement was also issued as hukumnama. The name of the settlee was entered into sherishta of Ex-landlord and rent receipts were also issued to the settlee for the payment of rent. After sometime both the plots were amalgamated by the settlee into a block and settlee also cultivated the land so settled. The settlee-Khirodhar Gope died unmarried and issueless leaving behind his brothers, the plaintiffs, who succeeded to the suit land and continued cultivation. During the revisional survey C.S. plots No. 195, 196 were converted into R.S. plot No. 359 admeasuring an area of 89 decimal and finds recorded under R.S. Khata No. 162 but wrongly in the name of 'Bihar Sarkar'; and it also recorded in the last column as 'Purani Parti'.