BINOD BIHARI MISHRA Vs. RAM LAKHAN DUSADH

JUDGEMENT

(1.) This second appeal arises out of a judgment and decree dated 19-8-1980 passed by Shri Jordan Kachhap, IIIrd Additional Sub-Judge, Palamau at Daltonganj in Title Appeal No. 51 of 1979 whereby and whereunder the said learned court affirmed the judgment and decree dated 22-8-1979 passed by Shri Surendra Narain Singh, Additional Munsif, Palamau at Daltonganj in Title Suit No. 27 of 1977.

(2.) The plaintiff-appellant filed the aforementioned suit for declaration of his right, title and interest over the suit land and further prayed for a declaration that his title is not affected by the collusively and fraudulently manoeuvred Purcha issued under Act IV of 1948 (Bihar Privileged Persons Homestead Tenancy Act) (hereinafter referred as 'the said Act') in the name of Jangali Dusadh. The plaintiff-appellant further claimed for other reliefs.

(3.) Both the learned courts have held that the suit filed by the plaintiff was not maintainable under Section 18 of the Bihar Privileged Persons Homestead Tenancy Act, 1948.