SAILAJANANDA PANDEY Vs. LAKHICHAND SAO

JUDGEMENT

(1.) This is an appeal by the pltfs. from a decision of the Addl. Dist. J. Purulia, confirming a decree of the Addl. Subordinate Judge, Dhanbad.

(2.) Pltf. 1 is the proprietor of village Muraidih in pargana Newagarh of the Dhanbad Sub-division. Pltf. 2 is his minor son. Pltf. 1 has executed in favour of his son a mokarari lease in respect of 25 bighas of coal bearing land in this village. The suit was brought to eject the defts. from five kathas out of this land, on the allegation that they have wrongfully taken possession of a coal quarry therein sunk by the pltf. 1. Defendant 2 is the son of deft. 1. They contested the suit, alleging that they are holding the suit land as a part of 46 bighas of coal-bearing land in this village, the surface & underground rights in which were settled with deft. 1 in 1910 by the then proprietors, Shyamlal Pande & others under an unregistered grant, & claiming to have acquired an indefeasible interest in the land by holding it adversely since then.

(3.) Pltf. 1 is the son of Shyamlal Pande, but does not derive his title by inheritance from him. According to the reoitals in the plaint, this village was sold in execution of a mtge. decree against the, proprietors Brijbehari Pande (uncle of pltf. l) & others, & was purchased by Mukteshwar Trigunait, Sarat Trigunait & Kalipada Trigunait, from whom pltf. 1 purchased the village by a registered sale deed dated the 2nd of Baisakh, 1338. The mauza was then sold in a revenue sale & was purchased by one Sachindranath Chakravarti Pltf. 1 brought a title suit to set aside the sale. In accordance with a compromise in the suit, Sachindranath Chakravarti sold the mauza to pltf. 1 by a registered sale deed dated 6-7-1940.