GOMIA DEVI Vs. KISHUN RAI

JUDGEMENT

(1.) This Second Appeal is directed against the judgment dated 6.10.1986 and the decree dated 19.11.1986 passed by Shri Ranjit Prasad Sinha, 3rd Addl. Subordinate Judge, Giridih in Title Appeal No. 41/85 thereby and thereunder the appeal was allowed and the judgment dated 3.5.1985 and the decree dated 13.5.1985 passed by Shri B.K. Prasad, Munsif, Giridih in Title Suit No. 124 of 1974 was set aside.

(2.) The fact in short for the purpose of this appeal is that the original plaintiff Barhani, widow of Barhan Hazam who died during the pendency of the suit and her daughter Gomia was substituted, instituted a suit as against the defendants Kishun Rai, Bhagi Rai and Shyamlal Rai who are the sons and grand sons of one Chatur Rai for declaration of her title and also for recovery of possession in respect of some lands of Khata Nos. 32 and 39 of village Kripalpur, P.S. Dhanwar as described in Schedule A and B of the plaint. It has been alleged by the plaintiff that lands of Khata No. 32 was originally recorded in the name of one Dukhan Hazam whereas raiyati Khata No. 39 of village Kripalpur was jointly recorded in the name of Rewat Hazam and Barhan Hazam and some of the plots were Kabjawari. Dukhan Hazam died issueless and so he was inherited by his grand sons Rewat Hazam and Barhan Hazam recorded tenant of Khata No. 39. In the year 1925 Rewat Hazam and Barhan Hazam instituted Title Suit No. 69/25 against Tejo Rai and others in the Court of Munsif, Giridih in respect of some lands of Khata No. 39 which was decreed and even the appeal was confirmed. Barhan Hazam died in the year 1936 leaving behind his widow Barhani who is the plaintiff and some daughters and after the death of Barhan Hazam his widow came in possession of the lands of Khata Nos. 32 and 39. Similarly Rewat also died without any son and he got three daughters, namely Churia, Dilia and Koshali but Churia and Dilia died and only Koshali is the only surviving daughter of Rewat. It has been alleged that the defendants who are turbulent persons forcibly dispossessed the plaintiff. Hence the suit.

(3.) All the defendants who are the heirs of Chatur Rai jointly contested the suit and a case was made out in the Court below that no doubt the lands of Khata Nos. 32 and 39 belong to Rewat and Barhan but they surrendered the lands of these two khatas in favour of the ex -landlord Lal Behari Mahto on 21 -8 -35 and subsequently Chatur Rai took oral settlement of some of the lands of these khatas from the ex -landlord and some other lands were settled with the different persons and even after vesting of the Zamindari Chatur Rai, and after his death defendants are in peaceful possession of the lands in suit and as they are raiyati.