STATE OF BIHAR Vs. DEVI LALL

JUDGEMENT

(1.) This appeal arises out of judgment and order, dated 18.5.1972 passed by the 1st Subordinate Judge, Patna in T.S. No. 185 of 1966.

(2.) The suit has been filed by one Devi Lall for declaring the acquisition of the suit property as described in Schedule-1 I of the plaint as illegal, null and void and not binding upon the plaintiff and also for a declaration that the defendants 1 to 3 should be restrained from interfering with the plaintiffs' possession and ownership of the suit property. In the alternative the plaintiff prayed that there should be an adjudication with respect to the plaintiff's title and ownership over the properties with respect to plot nos. 1027 and 1030 and after adjudication the plaintiff should be paid the compensation with respect to the acquisition of land which is lying in deposit before the Sub-Judge, Patna in Land Acquisition Nos. 11/1965 and 12/1965.

(3.) The case of the plaintiff is that municipal survey plot nos. 1025, 1027, 1030, 1255 and 1023 in Circle No. 144, Ward No. 23, situate in Village-Mahori of Mohalla-Khajekalan, Patna City was owned and possessed by one Gopal Lal Maharaj as his Milkiyat property. The name of Gopal Lal Maharaj was recorded in municipal survey khesra during survey operations. In the year 1934 Gopal Lal Maharaj settled the said land permanently with the plaintiff after receiving a sum of Rs. 180/- as Salami and the plaintiff is in possession as absolute owner of the lands so settled. Gopal Lal Maharaj executed a deed of Patta Diwani with respect to the aforesaid property in the name of the plaintiff.