CHITAN SINGH Vs. GOSAINDAS MANJHI

JUDGEMENT

(1.) The subject-matter of this litigation is plot No. 1676 which stands recorded under khewat No. 14 belonging to the plaintiff and of which defendants 1 to 5 are recorded to be raiyats. The settlement entry further shows that defendants 1 to 5 held this land on payment to the plaintiff of an annual rent of Rs. 1-4-0. The plaintiff however challenges the correctness of the entry. His case is that defendants 1 to 5 are not tenants of the land, that the land was formerly in his khas possession but he has been wrongfully dispossessed by the defendants. The reliefs which he claimed in the suit were these: (1) on a declaration of the maurasi right of the plaintiff to the disputed property, the defendants may be ejected from the land; and (2) that it be declared that the entry in the Record of Eights is wrong and the same may be corrected. Defendants 2 to 5 did not appear to contest the suit but defendant 1 did contest it. His case was that the disputed land did not appertain to the plaintiff s mukarrari, but appertained to his own tenure which he held under the superior landlord and that he had been paying rent for this land as well as for the other lands appertaining to his tenure to the superior landlord. The trial Court found that the survey entry (the correctness of which was impugned by both the parties) was wrong and held that the disputed land was not included in the plaintiff s tenure, but it appertained to the tenure of defendant 1 only. He further held that the plaintiff having no cause of action for the suit was not entitled to any relief and he accordingly dismissed the plaintiff s suit. The plaintiff then appealed from this decision and the appeal was allowed in part. The appellate Court held that the entry in the Record of Eights was correct and that the land appertained to the plaintiff s tenure and the defendants were not liable to be ejected. The learned Subordinate Judge who heard the appeal concluded his judgment with these words: