WALI MOHAMMAD Vs. GYAN PRAKASH NAGA BABAJI

JUDGEMENT

(1.) These appeals are presented against the judgment and decree of the Special Subordinate Judge of Ranchi dated 11-12-1946. First Appeal No. 26 of 1947 is on belialf of defendants 1 to 5 and First Appeal No. 104 of 1947 is on behalf of the Ranchi Municipality.

(2.) The dispute relates to a triangular piece of land located in the town of Ranchi. The land is .143 acre in area and covers plots 1715, 1716 and 1717 of the Municipal Survey. The Municipal Survey took place in the year 1929 and defendant No. 7, Baralal, was recorded in the khatian for all the three plots. Baralal had given land on lease to Ganga Prasad Budhia, defendant No. 6, who defaulted in payment of rent. Baralal obtained a decree for rent in the Civil Court and in execution of that decree the plaintiff purchased the land in court sale for a sum of Rs. 8,051 on 16-11-1942. The plaintiff obtained a sale certificate and was given possession of the land in due course through Court. The plaintiff applied for mutation of his name in the Municipal records. Mutation was made and the plaintiff was assessed to Municipal tax from the first quarter of 1943-44. The plaintiff alleges that some Moham-madans of Ranchi put forward a claim that they had right of keeping Tazias on the land during Moharram. The plaintiff asserts that the claim is unfounded. The plaintiff has brought the present suit for a declaration that the title had vest-ed in him and that the Mohammadan community of Kanchi has no customary right to use any part of the land during Moharram for keeping Tazias.

(3.) Defendants 1 to 5 contested the suit on the ground that plots 1715, 1716 and 1717 did not belong to Baralal and the plaintiff had acquired no title by the sale in the execution case. They alleged that the Mohammadans of Ranchi have used the land for keeping Tazias at the time of Moharram. Defendant No. 9 is State of Bihar. It is claimed on their behalf that plot 1717 and a portion of plot 1716 were acquired by the Government at the expense of the Ranchi Municipality by land acquisition proceedings taken in the year 1908. It is said that possession was given to the Municipality on 24-5-1908. As regards the remaining portion of plots 1716 and 1715 it is claimed that the public have a right to use these plots and that the title vests in the Ranchi Municipality. Defendant No. 9 admitted the claim of defendants 1 to 5 that the land was used for keeping Tazias at the time of Moharram. Defendant No. 6 Ganga Prasad Budhia and defendant No. 7 Baralal also filed written statements. They both support the case of the plaintiff that Ranchi Municipality has no title to the land.