SIYA RAM DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application directed against an order rejecting an application for amendment of a plaint made under Order VI Rule 17 of the Civil P. C (hereinafter to be referred to as 'the Code').

(2.) It appears that the plaintiff filed the present suit in the year 1967 for a declaration ''that the disputed land with trees was previously the Brit tenure of the plaintiff and is now the occupancy land of the plaintiffs under the provision of Land Reforms Act and is in possession of the plaintiffs........" He further prayed for a declaration that the order passed by the Block Development Officer assessing the rent of the disputed land in the names of defendants 2 and 3, is illegal, void and without jurisdiction and not binding upon the plaintiffs.

(3.) Briefly stated, the plaintiff's case is that the property in suit belonged to his Guru who was the Mahanth and after him he stepped into his shoes and came into possession of the property left behind by him; that Babu Jharu Das was a devotee of the late Mahanth and defendants 2 and 3 are his sons; that at the time of vesting of zamindari the aforesaid two defendants were acting as pairvikar of the plaintiffs but dishonestly they took advantage of the situation and got themselves recorded as raiyats in respect of the lands in dispute. As a result, a cloud was cast on the title of the plaintiff. Hence the suit.