BIPAT SINGH Vs. RAM CHARAN RABIDAS

JUDGEMENT

(1.) This reference has been made by the third Additional Sessions Judge, Mr. Muneshwari Sahay, of Patna, for setting aside an order dated 4-11-1963 made by the learned Sub Divisional Officer, Dinapur Mr. M.C. Subarna. This order is to the following effect:

(2.) It appears that there is a plot of land bearing survey plot No. 545 under khata no. 136, tauzi No. 1206 in village Tarai. The trea of the plot is 0.07 acre, and it was Ghairmazura-Malik land before the vesting of the zamindari. The petitioners before the learned Additional Sessions Judge were some of the co-sharer landlords of the land, and they claimed to have been in khas possession of this land which they had amalgamated with their homestead plot No. 199, on which their house stood. This land was being used by them as a sahan of their homestead land.

(3.) The opposite party before the learned Additional Sessions Judge claimed to have taken settlement of this land from the State after the vesting of the zamindari. He alleged that be had constructed over this land a bouse, but it was demolished by the petitioners who took forcible, possession of the same. Some litigations cropped up between the parties and their men and the opposite party and his men failed in all the litigations.