RAMAYAN MAHTO Vs. MAHANTH BHAGWAN DAS

JUDGEMENT

(1.) PLAINTIFFS -petitioners, being aggrieved by the order dated 5.10.2005 passed by the Munsif, I, Begusarai in T.S.No. 96 of 1997 acceeding the prayer of the defendant -opposite party to amend the written statement, has preferred this application.

(2.) SHORT facts, giving rise to the present application, are that the plaintiffs filed the suit for declaration of title and recovery of possession as also for permanent injunction and mesne profit. According to the plaintiffs, Achhe Mahto and Chanchal Mahto had purchased 6 katha 9 dhoors of land of Survey Plot No. 278 situated at Mauza Cheria Bariarpur by registered sale deed dated 13.6.1930 executed by Jua Barai and came in possession thereof. Sudama Devi, daughter of Achhe Mahto by rgistered sale -deed dated 14.3.1969 sold land of her share in Survey Plot No.278 measuing 1 katha 12 dhurs to Ramayan Mahto and Hari Mahto sons of Chanchal Mahto. Another daughter of Achhe Mahto Lukhiya Devi sold her share in the said plot to Sumitra Devi plaintiff No. 2 by registered sale deed dated 16.8.1991 and she came in possession thereof. After the death of Chanchal Mahto, his interest in S.P. No. 278 devolved on his two sons. Hari Mahto, full brother of plaintiff No. 1 Ramayan Mahto and son of Chanchal Mahto sold his share to Sumitra Devi plaintiff No. 2 wife of plaintiff No. 1 Ramayan Mahto dated 10.10.1995. In this way, both the plaintiffs who are husband and wife, acquired entire land of Survey Plot No. 278 and came in possession thereof. Their names were mutated in the revenue records of the State and are getting rent receipts from the State of Bihar.

(3.) DURING the pendency of the suit, plaintiffs filed application for appointment of a survey knowing Pleader Commissioner to assess the actual extent of encroachment/dispossession over Survey Plot No. 278. The Pleader Commissioner submitted the report which indicated that 17 dhoors and 17 dhurkies of Plot No. 278 has been encroached.