BUDHU DUSADH Vs. MANGANI DEVI

JUDGEMENT

(1.) These two second appeals, at the instance of the defendants of two titles suits, namely, Title Suits 131 and 132, each of the year 1962. are directed against the common judgment of affirmance. The two second appeals have been heard together and are being disposed of by this common judgment.

(2.) The plaintiffs in the two suits were the same. The appellants of Second Appeal 801 of 1973 were the defendants in Title Suit 131 of 1962. The land in suit of this title suit was 52 decimals comprising of three plots, namely, plot Nos. 871 (21 decimals), 638 (17 decimals) and 2194 (14 decimals), all of Khata No. 195 in tauzi No. 11,840 of village Brahamadaspur, police station Silao in the newly created district of Nalanda. The appellants of Second Appeal 802 of 1973 were defendants in Title Suit 132 of 1962 and the land in suit of that case was 46 decimals comprised in three plots, namely, plot Nos. 637 (20 decimals), 872 (12 decimals) and 2193 (14 decimals), all appertaining to khata No. 196 in the aforesaid tauzi and mauza.

(3.) In view of the limited contentions raised before this Court it is needless to trace the past history of the suit land. It is undisputed that the plaintiffs were the 16 annas landlords of the suit land at the time and prior to the vesting of the zamindari. It is further undisputed that the suit lands of both the suits were recorded as Khidmati Jagir under the proprietors in the cadastral survey of the year 1910. It is also undisputed that the defendants of the two suits are the descendants of the persons in whose name the suit lands were recorded as Khidmati Jagir.