KAMESHWAR MEHTA Vs. MOSTT. DEO PATHI KUER

JUDGEMENT

(1.) THE plaintiffs have filed this First Appeal against the Judgment and Decree dated 30.04.1983 passed by the learned Addl. Sub Judge II, Aurangabad in Title suit No. 39 of 1980/72 of 1982 whereby the learned Court below dismissed the plaintiff's suit.

(2.) THE plaintiffs appellants filed the aforesaid suit for declaration that the suit land is raiyi kast land of the plaintiffs and prayed for confirmation of possession and injunction.

(3.) THE further case is that son of Bandhu Mahto, namely, Nathuni Mahto died in the year 1918 leaving behind his only widow, Anchhi Devi, who became the owner of the property of her husband. Kashinath Mahto, the father of the plaintiff was looking after the property of Anchhi Devi. Balkishun Mahto used to live with Anchhi Devi. The name of Anchhi was entered in the Government Shresta and she was paying rent. After the death of Anchhi Devi, the name of plaintiff No. 1 is entered in the cane grower society. Accordingly, the plaintiffs became the owner of the property as reversioner and came in possession.