STATE OF BIHAR Vs. RABATILAL DAS

JUDGEMENT

(1.) This appeal by the State of Bihar is directed against the Judgment of the Additional Subordinate Judge, Purnea, by which he has held that the respondent had title to cadastral survey Plot Nos. 102 and 117. measuring 4 biehas 9 kathas 6 dhurs, in village Bhago Pokhar.

(2.) The case of the respondent was that Plot Nos. 102 and 117 were within Forbesganl Municipality and belonged to the proprietor of Sultanpur Estate. These plots were settled with the father of respondent for agricultural purposes in the year 1934 who came in possession and after his death, the respondent has been coming in possession thereof. The respondent sold away 2 bishas 5 kathas out of these plots and the transferees constructed their houses over the same. The remaining area is still in cultivating possession of the respondent Till the vesting of the zamindari the respondent went on paving rent to the Sultanpur Estate and thereafter to the State of Bihar. In the year 1959, he was served with a notice challenging his right to remain in possession over the said lands and the validity of the receipts granted by the State of Bihar was also denied. The Additional Collector wrongly treated this land as part of the Khas Mahal lands and directed the respondent to vacate the same. Hence the suit giving rise to this appeal.

(3.) The case of the appellants was that the respondent's father was never a raiyat of this land. They also denied that Hot Nos. 102 and 117 ever belonged to the Sultanpur Estate. According to the appellants, these plots alone with others covering an area of 45 bishas and odd were acquired by the East Bengal Railway. The Railway put fences of iron pillars on the boundary. Subsequently, the land was made over to Government on the 19th of March, 1909. Since then the Khas Mahal department of the State was managing the lands. In 1255-56 portions of these lands were temporarily settled with the Harijans, The receipts obtained by the respondent were characterised as fraudulent and as they were issued "without prejudice", they had no legal effect whatsoever.