AZIA Vs. SUKHAI BISWAS

JUDGEMENT

(1.) The suit giving rise to this appeal was originally filed under Section 106 of the Bihar Tenancy Act, hereinafter referred to as the Act, before the Assistant Settlement Officer Furnea, on the 2nd July 1958. On the 13th December 1958, the Assistant Settlement Officer found that complicated questions of inheritance, survivorship and title were involved in the case. He, therefore, transferred the suit to the Civil Court for disposal.

(2.) The case of the plaintiff-appellants was that Tabloo Mandal, father of the plaintiffs, had a brother Lahsun Mandal. Lahsun died leaving a son Parsan. Both the brothers were members of a joint Hindu family. Parsan died leaving a son Chalbal. Chalbal died unmarried and the plaintiffs came in possession of the entire lands by survivorship. During the recent survey operation, these lands came to be recorded under Khata No. 61; but the Kha-tian showed that the defendant-respondent also had got 8 annas interest in this Khata and his possession over some other plots was also recorded while some other plots were recorded in the joint possession of the parties. On the case of the appellants, the respondent had no title whatsoever to the lands in dispute nor was he related to them in any way. He was a labourer and had been wrongly set up by the enemies of the appellants.

(3.) The case of the respondent was that Piar Chand. father of Tabloo, had three sons, namely, Tabloo, Lahsun and Lachh-man. The lands in dispute were acquired by Tabloo and Parsan jointly. Parsan died leaving his son Chaibal. They were separate. On the death of Chalbal, Manglu, son of Lachhman, came in possession of his eight annas share and, on his death, the respondent, the son of Manglu, came in possession thereof and, as such, the survey record-of-rights was correctly prepared.