STATE OF BIHAR Vs. S.R.SAIDUR RAHMAN

JUDGEMENT

(1.) THIS second appeal has been filed by defendants -respondents -appellants (The State of Bihar and Collector, Purnea) against the judgment and decree of reversal passed by the learned court of appeal below.

(2.) The matter arises out of Title Suit No. 318 of 1996 which was filed by the sole plaintiff -appellant -respondent for declaration of his title over the suit land described in Schedule -A of the plaint, namely 5.47 acres of plot nos. 793 and 794. appertaining to C.S. Khata No. 120 and 5.28 acres of plot nos. 782, 783, 784,788, 791, 792, 795, 796 and 775 appertaining to C.S. Khata No. 287/498, all of Mauza Guwasi under police station K. Nagar within the district of Purnea totally measuring 10.75 acres.

(3.) THE claim of the plaintiff was that plot nos. 793 and 794 was his ancestral land recorded in the name of Sk. Rajab Ali, grandfather of the plaintiff, whereas the remaining plots were acquired by virtue of settlement by ex -intermediary for agricultural purposes, whereafter rent was paid to the Darbhanga Raj and receipts were granted in his favour and after his death, the father of the plaintiff came in possession of the suit premises. It is also claimed that the said lands were wrongly recorded in the name of the State of Bihar, whereafter Title Suit No. 6412 of 1964 was filed by the plaintiff but the same was dismissed ex parte on 4.2.1977 due to absence of notice against the defendant under the provision of Section 80 of Code of Civil Procedure. The plaintiff had also claimed that he remained in possession over the suit land throughout but when on 24.4.1996 the Circle Officer, K. Nagar, Purnea, threatened the plaintiff to settle the suit land with landless persons, the plaintiff sent a notice to the defendant under the provision of Section 80 of the Code and two months after service of the said notice the instant Title Suit No. 318 of 1996 was filed by him.