BAIJ NATH SINGH Vs. TEJU SINGH

JUDGEMENT

(1.) This is one of these second appeals where I can easily say that fantasy and reality is not a rare thing, lightness for touch for levity or assumption of an illogical fantasy as a mere tale is just a moment of relaxation.

(2.) This Second Appeal has been referred to a Division Bench for probing, a question relating to the ouster of the jurisdiction of the civil court in matters which have been precluded by final orders passed under the Bihar Public Land Encroachment Act, 1956 as amended up-to-date (hereinafter referred to as the Act for the sake of brevity). On the facts and in the circumstances of the case, this question does not arise at all and, with utmost respect to the learned Single Judge referring the case to the Division Bench and the counsel persuading the learned Single Judge to do so, I am afraid, I may be presumptuous enough to say that the question is of no consequence whatsoever in so far as the present case is concerned and pales into insignificance.

(3.) This is a plaintiff's appeal against the judgement and decree of affirmance of the 2nd Additional Subordinate Judge, Sasaram, dt. 18th Feb., 1977 passed in Title Appeal No. 11/99 of 1972/76 affirming the judgement and decree passed by the 1st Additional Munsif, Sasaram cm 15-2-1972 in Title Suit No. 164/86 of 1964.68. The appellants initiated the action by highlighting the relief for their declaration of title and confirmation of possession over 8 decimals of land appertaining to plot No. 460/99 of village Jagebaraon under Bhabhua police station and consequentally for a permanent injunction against the defendant-respondents restraining the latter from interfering with their possession and also from realising the damages as awarded by the competent authority in a case under the Act. The appellants rested their claim on the ground that plot No. 174 (R.S. Plot No. 459/460 of Khata No. 59 (new) = old Khata No. 216) of the aforementioned village stood recorded as gair majarua malik in the cadastral survey. In that survey record of rights plot No. 99 corresponding to R.S. Plot No. 460 of the old Khata No. 60 = R.S. Plot No. 224 were situate in the same village but the latter plot was recorded as gair majarua malik. One Ramdeni Singh (deceased) father of the appellant No. 4 and grandfather of plaintiffs 1 to 3 and Badri Singh (deceased father of plaintiffs Nos. 1 to 31 had taken settlement of 7 decimals of land about forty years ago in plot No. 459/174 and about 8 decimals of land in plot No. 360/99, and they were coming in possession of the same after amalgamating both the aforesaid plots.