JANKI DEVI Vs. BEDANAND MANDAL

JUDGEMENT

(1.) This Second Appeal has been preferred against the judgment and decree dtd. 16/3/2018 and 28/3/2018, respectively passed by District Judge, Purnea in Title Appeal No. 57 of 2003, affirming the judgment and decree dtd. 30/8/2003 and 6/9/2003 respectively, passed by Munsif Sadar, Purnea in Title Suit No. 258 of 1989.

(2.) The appellants were defendants before the Trial Court. The plaintiff's case is that the suit land described in Schedule "A" of the plaint are the occupancy Raiyati holdings of the plaintiffs and it was acquired by the plaintiff no. 1 in his own name by a registered sale deed dtd. 8/10/1953, in the capacity of Karta of joint family and since then plaintiffs are coming in Khas cultivating possession over the suit land and the R.S. records of Rights of the Suit Land also stands in the name of plaintiffs jointly. The defendants are trying to take possession over the suit land on the pretext of their names have recorded as Sikmidar in this Khata.

(3.) Defendants' case is that they are coming in possession of the suit land as Sikmi Bataidar and regularly dividing the crops of the suit lands to the landlord but any receipt in this regard was not granted as there is no custom for the same in the locality. The further case of defendants is that in revisional survey operations, the Survey Authorities after spot inquiry duly recorded the suit lands in the name of defendant as Sikmidar Bataidar and the plaintiffs never raised any objection to the said entry.