UNION OF INDIA Vs. DARBHANGA PROPERTIES (PVT.) LTD.

JUDGEMENT

(1.) THIS second appeal has been filed by the defendants -appellants -appellants challenging the judgments and decree of the learned courts below. The instant matter arises out of Title Suit No. 35 of 1970, which was filed by the sole plaintiff -respondent -respondent no.1 for declaration of his title over the suit land (Schedule -I) measuring 1 katha 5 dhurs of plot no. 394 (Part) appertaining to khata no. 122 of Mauza Haweli, Thana 509, situated in the town of Darbhanga. Furthermore a decree for recovery of possession and in alternative a decree for compensation amounting to Rs. 2,883.40 Ps. (Schedule -II) was also sought besides mesne profit and cost.

(2.) THE claim of the plaintiff was that the suit plot was originally the Bakasht land belonging to Raj Darbhanga and hence after vesting of the Zamindari into the State of Bihar under the Bihar Land Reforms Act, 1950 (hereinafter referred to as 'the Act' for the sake of brevity), Raj Darbhanga remained in possession of the suit land as exclusive owner thereof and subsequently Raj Darbhanga sold the suit land by a registered sale -deed dated 8.1.1962 to one Mukund Jha, who was originally impleaded as a defendant, but he died without contesting the suit. The said Mukund Jha had sold the suit land to the plaintiff by a registered sale -deed dated 15.11.1966, whereafter the plaintiff came in exclusive possession of the suit land as absolute owner thereof. Subsequently the Union of India and other defendant encroached upon the suit land and hence the suit had been filed for recovery of possession.

(3.) ON the basis of the claims of the parties, the learned trial court framed the following issues for deciding the suit: -