BIMAL KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Plaintiff is the appellant because his suit (Title Suit No. 57 of 1960) has been dismissed by the Third Additional Subordinate Judge, Purnea in respect of the lands in lot No. 2 of the plaint.

(2.) The case of the plaintiff, in short, was that the entire disputed lands measuring 70.89 acres were held as bakast lands of one Shrimati Saraswati Choudharain. Plaintiff took settlement of the entire lands from her in the year 1352 (Mulki year 1945) at an annual rental of Rs. 95/ - besides cess and came in khas possession of these lands. After about six years he settled 53.49 acres of lands with Nafar Ali, ancestor of defendants 1 to 4, Bacha Munu, ancestor of defendant No. 5 and Ghogharu, defendant No. 6 on manhunda rent of 32 rnaunds of paddy per year. After the settlement the settlees came in possession of the lands as shikmidars (under raiyats). The remaining lands, i.e., 17.60 acres remained in his khas possession and he continued to be in possession thereof. In the revisional survey the khatian of which was finally published on 26 -3 -1958, the shikmidars as alleged above were recorded as occupancy raiyats, these lands having been mentioned in lot No. 1 of the plaint. The remaining lands which are contained in lot No. 2 were recorded as gairmazarua lands of the State of Bihar. Plaintiff, therefore, brought the suit for a declaration that these survey entries had been wrongly made and he should be declared to be the occupancy raiyat of the entire lands, i.e. both lot Nos. 1 and 2.

(3.) The suit was contested by two sets of defendants. Defendants 1 to 10 and 12 contended that they were the occupancy raiyats of the entire suit lands. Plaintiff never took settlement of the disputed lands as alleged by him and the story of settlement is all false and imaginary. Plaintiff never came in possession of the suit lands. He never settled any land with the ancestors of these defendants as shikmidars at a manhunda rent of 32 maunds of paddy. They further contended that khata Nos. 73 to 79 which were bakast lands situate in village Gilabari appertaining to khewat Nos. 31 and 32 together with the khewat interest were acquired by Sarswati Choudharain, the grand -mother of plaintiff. Sarswati Choudharain died leaving behind three sons, who inherited her properties. In the year 1349 Mulki year they settled the entire disputed lands with the ancestors of defendants and since then they were corning in possession of these lands. The State of Bihar, defendant No. 11 had absolutely no concern with any portion of the disputed lands. According to them, the lands of lot No. 2 had been wrongly recorded in the survey khatian as gairmazarua lands of the State.