GANESH RAI Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) This First Appeal has been filed by the Defendantsappellants against the judgment dated 02.08.1995 passed by Sub Judge II, Naugachia in Title Suit no. 19 of 1988, whereby the suit was decreed on contest against the defendants for the reliefs as sought declaring that the plaintiffs have right, title and interest in the suit land and that the lands were neither donated to the Bhoodan Yagna committee, nor the same was validly confirmed. It has further been declared that the Bhoodan yagna committee had no right to make any settlement of the suit land with the members of defendants 2nd party. The survey records of right prepared in their names with respect to the land of Schedule II is incorrect and without jurisdiction.

(2.) The plaintiff-respondent 1st set has filed the suit for declaration that Giribar Prasad Singh or his heirs had no right to donate the lands being 13 bighas, 13 katha, 11 dhurs and 10 dhurki of plot no. 3827 of Mouza- Pratap Nagar, as described in Schedule -I of the plaint, to the Bihar Bhoodan Yagna Committee. The plaintiffs sought further declaration that said committee never settled any land of Schedule-II which is part of Schedule-I land to defendant 2nd party nor did they acquire right, title and interest in the aforesaid land. The plaintiffs have prayed for decree of declaration of their title to the aforesaid land and for the declaration that survey record of right prepared in the name of defendants is incorrect.

(3.) The case of the plaintiffs' as per plaint, in short, is that the land of CS khata no. 1596, was a Gair Majaruwa Malik land appertaining to Tauzi no. 4318. Babu Hanuman Prasad Singh and Babu Gajadhar Prasad Singh were two Zamindars of this Tauzi having equal shares. They were in possession of their share. They settled the land of Schedule-I with the plaintiffs in 1346 Fasli i.e. the year 1939 orally and put them in possession of the said land. The Zamindars also granted Parwangi in proof of the settlement and the plaintiffs remained and continued in possession of the same.