KARU NONIA Vs. BIHAR SUBAY SHIA MOGLISH

JUDGEMENT

(1.) THIS appeal by the plaintiff has been preferred against the judgment and decree dated 9.8.1988 passed by Ist Additional District Judge, Barh in Title Suit No. 75 of 1986 thereby he has dismissed the appeal and confirmed the judgment and decree dated 24.3.1986 passed by Additional Sub -Judge -II, Barh in Title Suit No. 55 of 1977.

(2.) THE plaintiff -appellant filed the suit in question for declaration that he is occupancy raiyat with respect to land detailed in Schedule -A to the plaint as well as for permanent injunction against the defendant -respondent from interfering with his possession.

(3.) ONLY defendant No. 1 Bihar State Shia Waqf Board filed written statement and contested the suit. The case of the defendant, in short, is that the plaintiff and Jagdish Nonia were members of joint family. Jagdish Nonia as Karta of the joint family originally took settlement of the suit land from then motawalli for a period of three years. All the members of the family including plaintiff were benefited by the said settlement and they also jointly cultivated the said land. It is further averred that after expiry of period of thee years, the possession was handed over to motawalli by them. Subsequently, in the year 1960, Jagdish Nonia again took settlement of the suit land for a period of 11 years from the then motawalli. However, the settlement was illegal as it was taken without obtaining permission of the majlis of the Waqf Board. When the Board came to know about settlement, a Title Suit bearing No. 48 of 62 was filed against Jdgdish Nonia as Karta of the joint family for setting aside the settlement dated 12.4.1960. On contest the suit was decreed in favour of the Waqf Board. The same was upheld up to Second Appeal by the Hon'ble Court. The delivery of possession was also effected on 28.1.1978 in favour of the Board. Thereafter, the suit was filed.