NUNUMANI DEVI Vs. RAM SARAN KUMAR

JUDGEMENT

(1.) This is a defendants' appeal against the judgment of affirmance.

(2.) The plaintiff filed a title suit for declaration of his title and recovery of possession with respect to the land fully described in details in schedules 2 and 3 of the plaint. There was a further prayef for mesne profit and for restraining the defendants from withdrawing Rs. 1751/-which was in deposit in the criminal court under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code).

(3.) In brief, the plaintiff's case was that the plaintiff was the owner of 3 bighas 10 kathas of jote land is 9 holdings. One of the holdings was of 33 biff-has 4 kathas in village Madhopur fully described in Schedule 1 of the plaint which was a diara land. According to the plaintiff he was coming in possession of the said land since long. The land went under water and came out in the year 1938 and the plaintiff again came in possession thereof. According to the plaintiff after the re-appearance of the land, the landlord got the land surveyed and khasra and map were prepared. In 1948 a dispute arose between the parties and a proceeding under Section 144 of the Code was started on 29th of Dec. 1948. This proceeding was converted into a proceeding under Section 145 of the Code. According to the plaintiff in that proceeding defendant No. 1 falsely claimed 14 bighas 11 kathas 14 dhurs as his ancestral iote land and defendants Nos. 2 and 3 claimed 7 bighas 13 kathas as purchaser from one Khokabati widow of Harkoo Jha out of the said 33 bighas 4 kathas of the ancestral land of the plaintiff. The proceeding under Section 145 of the Code was decided against the plaintiff on 3rd of November. 1950. The plaintiff moved the District and Sessions Judge for reference to this Court but the prayer was rejected on 4th of December, 1950. Thereafter the plaintiff filed a criminal revision application in this Court and the same was rejected on 2nd of February 1951. Hence the plaintiff filed the instant suit on 30th of January, 1954 in the court of Munsif, Bhagalpur.