BHAGWAN PRASAD Vs. NOTIFIED AREA COMMITTEE

JUDGEMENT

(1.) BOTH the Second Appeals No.212 of 2011 and 225 of 2011 are directed against the same Judgment and Decree dated 19.01.2011 passed by the learned Addl. District Judge-cum-Fast Track Court No.II, Sheohar at Sitamarhi in title appeal No.29 of 2002 whereby the learned lower appellate Court allowed the appeal in favour of Notified Area Committee holding that the Notified Area Committee, Sheohar will not be bound by the Decree of the trial Court dated 30th July, 1997 passed by the learned Munsif, Sheohar in Sitamarhi in title suit No.13 of 1995.

(2.) THE plaintiffs appellants together filed title suit No.13 of 1995 for declaration of their title and possession over the suit land and further for restraining the defendants by permanent injunction from interfering in possession over the suit land measuring 38 decimal. The plaintiff appellants claimed the aforesaid relief alleging that the C.S. plot No.3135 measuring 40 decimal belonged to Sheohar Raj and was recorded as ditch and was in his possession and C.S. plot No.3134 measuring 79 decimal was recorded as parti. Because of lapse of time, the ditch filled up and the ex. landlord Sheohar Raj settled 38 decimal, i.e., 7.5 katha in the name of grand father of the plaintiff namely, Shiv Govind Sah through rent receipt on payment of Najrana for agricultural purpose. In confirmation of said settlement, a Khista Patta dated 22.11.1941 was executed by ex. landlord in favour of Shiv Govind Sah. Shiv Govind came in possession and started cultivating the land. At the time of vesting, return was submitted. Shiv Govind Sah had constructed a house over the land comprised within R.S. plot No.5529 measuring 1 katha which he had purchased from Laxman Sah for himself and minor son Ram Nandan Sah and major son Narain Sah. For constructing the house, Shiv Govind Sah cut earth from the settled land as a result of which the land became ditch and the plaintiff grow Kumbhi plant. During revisional survey, the said 38 decimal land was wrongly shown in the map of R.S. plot No.5527 and 5168 / 6440. Application was filed before the Consolidation Authority and the correction was made and name of plaintiff was recorded. The defendants are trying to construct a bus stand and Sulabh Shauchalaya over the plaintiff settled land in the suit.

(3.) AT the time of admission of these Second Appeals, the following substantial questions of law were formulated on 6th July, 2012 in Second Appeal No.212 of 2011 and on 18.08.2011 in Second Appeal No.225 of 2011 :