UGNI Vs. CHOWA MAHTO

JUDGEMENT

(1.) This is an appeal by defendants 1 and 3 against the appellate judgment of the Subordinate Judge, Hazaribagh, reversing the judgment of the Munsif of Giridih and declaring the plaintiffs' raiyati title to the suit lands and recovery of possession of the same.

(2.) The disputed lands consist of 1.57 acres, bearing plots Nos. 95, 96 and 106. appertaining to Khata No. 9 of village Chowra. The area of the entire khata was 2.53 acres, and the khata included the aforesaid three plots and three other plots, bearing Nos. 713, 714 and 758. One Kewal Gorait was the recorded tenant, and the landlord was Raj-mata Hridaya Kumari. The plaintiffs' case was that the said Kewal Gorait died issue-less, and thereupon all the said plots came into the khas possession of the landlord. The plaintiffs alleged that, on the 15th Aswin 1343 fasli (October, 1935), the landlord settled the disputed lands, by virtue of a hukumnama (exhibit 2), on a raiyati basis with plaintiffs, 1. 2 and 8 and one Hemlal Mahto (deceased) (the father of plaintiffs 3 to 6 and husband of plaintiff 7) at an annual rental of Rs. 2/-, and put them in possession of the same. They claimed to have continued in possession thereafter and to have regularly paid rent and obtained rent receipts from the landlord. But their possession was disturbed on or about the 8th Julv. 1957, and this led to a proceeding under Section 144. Criminal Procedure Code, which was eventually converted into a proceeding under Section 145. Criminal Procedure Code, That proceeding was decided against the plaintiffs on the 2nd January, 1958. The suit under appeal was then brought for declaration of raiyati interest and recovery of possession.

(3.) The contesting defendants, viz. 1 and 3, while challenging the genuineness of the hukumnama (exhibit 2) produced by the plaintiffs and the alleged rent receipts, further stated that the entire khata No. 9 was settled by the landlord, Rajmata Hridaya Kumari, by virtue of a huhumnama dated the 9th Aswin 1346 (exhibit C), with one Kuni Bihari Rai, who came into possession and remained in possession till his death. Defendants 1 and 3 came into possession of the disputed lands as heirs and successors-in-interest of the said Kuni Bihari Rai. and have been in possession all along and paving rent. They further alleged that portions of the original khata were alienated in favour of some of the other defendants.