BHUTNATH CHATTERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This second appeal by the plaintiff arises out of a suit for declaration of title and recovery of possession in respect of plot No. 321, a tank and No. 320 embankment of the tank of khata No. 118 in village Terga in the district of Dhanbad.

(2.) The case of the appellant briefly stated is that he took raiyati settlement of the tank and its embankment from the zamindar of Nowagarh by a sata Hukumnama dited the 9th January, 1948 on payment of salami of Rs. 700- and annual rent of Rs. 8/- besides cess. He came in possession of the property in dispute since the date of settlement by cutting earth, rearing and catching fish and by irrigating his fields from the water of the tank. He also paid rent to the landlord and obtained rent receipts. He continued in possession up to the year 1957 but in 1958 defendant No. 1 the State of Bihar through the Circle Officer, Baghmara dispossessed the appellant by settling the tank with one Mangan Modak. On the expiry of the term of the settlement of Mangan Modak defendant No. 1 settled the tank with other persons as well on temporary basis. According to the appellant as his landlord defendant No. 2 was not in possession of the property in dispute on the date of vesting it could not vest in defendant No. 1 under the Bihar Land Reforms Act.

(3.) The main defence of defendant No. 1 was that the property in dispute vested in it on and from 14th November, 1951. The appellant had not taken any raiyati settlement of the property in dispute on 9th of January, 1948 as alleged by him. It was only a got-up story to lend colour to his title. The claim of the appellant that he was in possession till 1957 was also challenged.