MAHESH RAM Vs. GANGA RAI

JUDGEMENT

(1.) The defendants are the appellants against a judgment of affirmance. This appeal is directed against the judgment and decree dated 18.9.2000, passed by the learned 1st Additional District Judge, Motihari, in title a Appeal No. 113/1989 Mahesh Ram and Ors. v. Ganga Rai and Ors., whereby he has affirmed the judgment and decree dated 25.4.89, passed by the learned Additional Munsif, Sikarhana, in title Suit No. 7/76 of 1885/1988 Ganga Rai v. Dewan Ram and Ors.. The suit was decreed which has been affirmed in appeal. Hence this appeal at the instance of the defendants. We shall go by the description of the parties occurring in the plaint.

(2.) The case of the plaintiffs-respondents in brief is that the suit land measuring 5 1/2 decimals, appertaining to khata No. 3, plot No. 270, stood recorded as Gairmazarua Malik land in RS Record of rights. The ancestors of one Sheo Raj Ram remained in possession till his life and after his death, his descendants came in possession and remained in possession openly to the knowledge of all including the then landlord. The title of Sheo Raj Ram over the suit land was perfected by lapse of time. Since Sheo Raj Ram was in possession of the suit land at the time of vesting of zamindari, he remained in possession in view of the provisions of Bihar Land Reforms Act. Rent was fixed in favour of Sheo Raj Ram in the year 1980-81.

(3.) The case of the defendants (appellants) is that Sheo Raj Ram was never in possession of the suit. The story of rent-fixation in favour of Sheo Raj Ram is imaginary and if any such paper is filed for the same, the same would be forged and fabricated one. There is demarcating ridge between the lands of the plaintiff and the suit lands.