TRIPATHY KIRAN NATH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 31.8.1989 passed by Sri S.S. Prasad, 10th Additional District Judge, Rohtas at Sasaram in Title Appeal No. 3/3 of 1985/1987 affirming the judgment and decree dated 15.12.1984 passed by Sri N.N. Singh, 4th Additional Subordinate Judge, Sasaram in Title Suit No. 121/45 of 1980/83 whereby the suit of the plaintiff- appellant and the appeal preferred by him were dismissed.

(2.) The brief facts of this case are as follows :

(3.) The case of the defendant-respondent (State of Bihar) was that the suit as framed is not maintainable. The plaintiff has got no cause of action and right for the suit. The suit is barred by law of limitation as well as under the provisions of the Bihar Tenancy Act. The suit is not properly valued. The notice under Section 80 of the Code of Civil Procedure was not validly served upon the defendant. Further case of the defendant-respondent is that the ex-landlords were never in khas possession and in cultivating possession of the suit land at the time of vesting of Zamindari in the State of Bihar and the story as pronounded by the plaintiff-appellant, is not only wrong, concocted but also cock and bull story. The Sada Pattas and rent receipts filed by the plaintiff are antedated, forged and manufactured documents. Those rent receipts were created after bringing the ex-landlord in his collusion. The fact is that in the revisional survey, the suit land has been recorded in the name of the State of Bihar although the plaintiff has been shown in illegal possession of the land in remarks column.