STATE OF BIHAR Vs. JAYANT SINGH

JUDGEMENT

(1.) The defendant has filed this Second Appeal against the Judgment and Decree of the lower appellate Court dated 05.08.1998 passed by the learned 9 th Addl. District Judge, Bhojpur at Ara in title appeal No.28 of 1981 whereby the learned lower appellate Court set aside the Judgment and Decree of the trial Court dated 24.01.1981 passed by the learned Execution Munsif, Ara in title suit No.186 of 1976 / 117 of 1980.

(2.) The sole plaintiff, Kedar Singh, who died during the pendency of the Second Appeal had filed the title suit for declaration that he is raiyat of the suit land under the State of Bihar because of settlement made by Raj in favour of him and that the suit land never vested in the State of Bihar. Further, prayer was made for declaration of title of the plaintiff over the suit land and in the alternative for recovery of possession and mean profit. The plaintiff also prayed for permanent injunction restraining the defendant from disturbing and dispossessing the plaintiff.

(3.) The plaintiff claimed the aforesaid relief alleging that C.S. Khata No.106 was recovered in the name of Chalfox and others in the cadastral survey khatiyan. Dumrao Raj was proprietor and the landlord of the said khata. Dumrao Raj acquired lands of khata No.106 from recorded raiyat. The plaintiff took settlement of 29 biggha 4 katha out of khata No.106 of Bihiya Jungle in 1951. Dumrao Raj in token of settlement granted rent receipt dated 9.10.1951 and the settlement was made for agricultural purposes and the plaintiff came in possession of the land taken in settlement. The state of Bihar acquired some of the lands out of the lands settled in land acquisition proceeding for construction of Block Development Office. The plaintiff had received the compensation. Dumrao Raj submitted return showing the plaintiff to be raiyat of 29 biggha 4 katha. The plaintiffs' name was entered in Register II. In the recent survey, the name of State of Bihar has been recorded after rejecting the objections of the plaintiff.