JAI KALA DEVI Vs. NALINI RANJAN PRASAD SINGH

JUDGEMENT

(1.) This civil revision petition is directed against an order dated 27-7-1984 passed by Shri Abinasi Saran Lal, Additional District Judge. Sitamarhi in Title Appeal No. 71 of 1972/26 of 1983 whereby and whereunder the said learned Court held that the appeal and consequently the suit have abated in terms of Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act in respect of Schedule II land. The lands are described in Schedule II of the plaint measuring 7 dhurs bearing plot Nos. 4120 and 4122.

(2.) According to the learned court below in terms of the provision of the Bihar Consolidation of Holdings and Prevention of Fragementation Act the word 'land' has a wide meaning, which includes horticulture land, Kharhaur land, land with bamboo clumps, pasture land, cultivable land, waste land, homestead, tank, wells and water channels.

(3.) It is admitted that the aforementioned suit was filed against the defendents on the basis that the defendants encroached upon Schedule II land as described in Schedule II of the plaint in the month of Kartik 1958 and this land includes two jackfruit trees and one mango tree It has further been admitted that the defendants amalgamated the Schedule II land with their compound by constructing compound wall.