KARUNAMOY DUTT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by the plaintiffs against a judgment of affirmance.

(2.) The plaintiffs filed suit for declaration of title and confirmation of possession as also for declaration that survey entry in regard to the lands in suit was incorrect. The lands in suit originally formed part of plot 2 within khata 25 in village Genrua within Patawala police station in the district of Singhbhum. This was a large plot measuring more than 100 bighas. Revisional survey in regard to these lands took place in 1964. In that survey old plot 2 was split into several parts, Three of them were plots 9, 10 and 1042. The plaintiff claim (sic)title and possession over 3.60 acres in plot 9, 0.10 acre in plot 10 and 3.80 acres in plot 1042. The total of the lands in suit is 7.50 acres. The boundaries of the lands in suit as mentioned in the plaint are as follows:

(3.) The case of the plaintiffs is that Mahendra Nath Das, the ex -landlord settled 15 bighas of land out of plot 2 with Sudbamoy Dutta and Dhrubmoy Dutta in 1342 B.S. which is equivalent to 1939. After taking settlement, the plaintiffs entered into possession. While being in possession, the plaintiffs claimed to have extended their cultivation and acquired possession over 7 bighas more of plot No. 2 besides 15 bighas settled with them. According to the plaintiffs, they were not given any notice in regard to the survey settlement which took place in 1964 in the district, in that survey, the plots in dispute were recorded as Unabad Mali Bihar Sarkar. The plaintiffs' assertion is that they did not know about it but in January, 1969 the Karmachari started interfering with their possession. Hence, the suit was filed in April, 1970.