SARDAMONI DEBI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of the plaintiff's title as raiyat and for injunction against the State of Bihar restraining them from interfering with her (Plaintiff's) possession, which has been dismissed by Shri H. N. Sahay, 3rd Additional Subordinate Judge, Dhanbad.

(2.) One Chandra Kanta Ghosal had three sons, namely, Kali Pada Ghosal, Bhawataran Ghosal and Shyama Pada Ghosal. The wife of Chandra Kanta Ghosal was Thakomoni Debi. Kali Pada was married to Sardamoni Debi, who is the plaintiff here. Chandra Kanta Ghosal was, perhaps, a leper, but he was a man of means. People were reluctant to give their daughters in marriage in his family and so, Chandra Kanta Ghosal by way of inducement promised to give or settle some land with the would-be wife of Kali Pada. With this understanding, Sardamoni Debi was married to Kali Pada. Chandra Kanta Ghosal had a joint Khewat with Ananta Lal Dey in which the share of Chandra Kanta was 12 annas and that of Ananta Lal 4 annas. In the year 1928 B. S. corresponding to 1921, Chandra Kanta as 12 annas tenure-holder, settled with the plaintiff the two plots bearing plots Nos. 5242 and 5243 appertaining to Khata No. 809 measuring 5.46 acres, situate in Mauza Chas, police station Chas, district Dhanbad. The aforesaid plots Nos. 5242 and 5243 are popularly known as Gadai Bandh, a tank and its embankment. At the same time, he also settled his 12 annas share of the tenure in some other lands situated at Mouza Salagidi alias Bhawanipur police station Chas, district Dhanbad. The area of this land was 8 and odd acres. Both the settlements were made simultaneously and a sum of Rs. 11/- was fixed as the rental thereof. Subsequently, on the 13th Shrawana 1332 F. S, (27th of July, 1925), Chandra Kanta executed an unregistered Patta (Ext. 3) in favour of the plaintiff purporting to settle the aforesaid plots with the plaintiff at a total zama of Rs. 11, Obviously, this was only with respect to his 1.2 annas share in the tenure. The plaintiff, it is said, became a raiyat in respect of 12 annas share of the plots mentioned above, right from the time of the oral settlement in 1921.

(3.) On the 2nd December, 1938, the three sons of Chandra Kanta Ghosal purchased from Ananta Lal Dey his 4 annas share in the tenure in respect of Gadai Bandh (Plots 5242 and 5243) through a registered sale-deed (Ext. 6) for a sum of Rs. 500/-. On the 30th May, 1939, there was a further settlement in favour of the plaintiff with respect to the remaining 4 annas tenure-holder's interest in the aforesaid plots. By this time, Bhawtaran had died unmarried and issueless and so his interest had devolved upon Thakomoni Debi, his mother. Shyama Pada was still a minor. Therefore, this settlement was made by Kali Pada for self and as guardian of Shyama Pada and also by Thakomoni on whom the interest of Bhawataram had devolved. This unregistered Patta is Ext. 3/A.