STATE OF BIHAR Vs. RAJENDRA PRASAD BAID

JUDGEMENT

(1.) This appeal by the State of Bihar, which was defendant first party in the trial Court, is directed against the judgment and decree of the lower appellate Court, affirming those of the trial Court.

(2.) In order to appreciate the point involved in this appeal, it will be necessary to state some material facts. Rajendra Prasad Baid (respondent No. 1) had instituted a title suit for a declaration that the lands described in Schedule A of the plaint were rent free, were not liable to assessment of any rent and were not kabil lagan and that the order passed by the Block Development Officer, Khizar-sarai, on the 10th of January, 1966 fixing rent in respect of those lands was illegal, void, ultra vires and without jurisdiction.

(3.) The suit was contested by the State of Bihar only. The parties adduced evidence and also filed documentary evidence in support of their respective claims, as according to the State of Bihar, its officer had right to fix fair and equitable rent as the lands in dispute were not rent free lands. On behalf of the plaintiff the survey Khatian (Ext. 6) as well as the three grants made in favour of his ancestor Pandit Horil Baid by three different persons were filed to show that the lands which were given to the ancestor of the plaintiff under those documents were rent free. Those documents were exhibited as Exts. 10, 10 (a) and 10 (b). Ext. 10 is dated the 4th Bhado, 1274 Fasli, corresponding to 1867, Ext. 10 (a) is dated the 13th Baisakh 1261 Fasli, corresponding to 1854 and Ext. 10 (b) is dated the 19th Asarh, 1301 Fasli, corresponding to 1894.