TATA IRON AND STEEL CO LTD Vs. PARWATI

JUDGEMENT

(1.) <DJG>PRASUN KUMAR DEB</DJG> This appeal has been preferred against the judgment and decree dated 16.11.1978 passed by the then Second Additional District Judge, Jamshedpur, in Title Appeal No. 1 of 1977 confirming the judgment of dismissal of Title Suit No. 162/265 of 1971-76 dated 29.11.1976 passed by the Additional Munsif, Jamshedpur.

(2.) While admitting this appeal on 26.11.1980, the following substantial questions of law were formulated:- (i) Whether the plea of adverse possession to acquire title can be allowed upon a land acquired under the Land Acquisition Act? (ii) Whether a record of rights not finally published can be considered for deciding title?

(3.) The facts of the case run as follows.: The plaintiff-appellant Company filed the above-mentioned suit before the Additional Munsif, Jamshedpur, for declaration of title and recovery of possession and also for mesne profit in respect of R.S. Plot No. 189 and a portion of Plot No. 192 measuring 2.77 acres of land appertaining to Khata Nos. 13 and 77 situate in Mouza Sonari in the town of Jamshedupr, details of which were given in Schedule A at the foot of the plaint. The allegation of the plaintiff was that the plain tiff-Company become the owner or the suit land as part and parcel of the land acquired by the then Provincial Government under the Land Acquisition Act (for short 'the Act'). It was stated that title and possession of the land was conveyed and delivered to the plaintiff-Company under the provisions of the said Act. The plaintiff.remained in possession of the land all through out, but at the revisional survey in 1937, the land in Plot No. 189 was found in possession of one Chaitan Khewat and the said land stood recorded in his name and his possession was recorded under Khata No. 30. When that Chaitan Khewat could not pay rent, then rent suit was filed against him and for non-payment of rent, the land was sold in auction in Execution Case No. 6 (c) of 1945-46 and the plaintiff-Company purchased the same and took delivery of possession on the basis of that execution case in auction sale.