MAHARANI DURGESHWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent preferred by the appellants arises from the judgment and order dated 12th August 1993 passed by the learned single Judge in Appeal from Original Decree No. 170 of 1974.

(2.) The appellants-wife, son and daughter of late Maharaja Bahadur Gopeshwar Prasad Sahi of Hathwa Estate, District-Gopalganj instituted title suit No.43 of 1965 against the State of Bihar in the Court of Sub-Judge, Saran at Chapra for declaration of title and recovery of possession of the suit property. The suit property is a piece of land admeasuring 1.3 acres of Municipal Survey No. 5254, Holding No.275, Circle No.19, Ward No.3 of Chapra Municipality with several constructions made thereon. According to the plaintiffs, the suit property was a dwelling house where the plaintiff no. 1 used to reside. A small portion of the suit property was being used by the Late Maharaja for collection of rent. However, the rest of the estate being the homestead property could not have been vested in the State Government by operation of the provisions contained in Bihar Land Reforms Act, 1950 (hereinafter referred to as "the Act").

(3.) The suit was contested by the defendant State of Bihar. The defendant denied that the suit property was a big residential house and that the house in question was being used by Hathwa Raj for residence. Before vesting, the house was being used as a Kutchery and since vesting also, the house was being used as Kutchery. It was the specific case of the defendant that no portion of the building in the suit property was ever used by the plaintiffs or their ancestors for residential purpose.