ABDUL RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a plaintiff's appeal against a judgment of reversal passed by the 2nd Additional District Judge, Purnea, on 15th Dec., 1976. The appeal arises out of a suit for declaration of title and possession with respect to 56.80 acres of land of Khata No. 10 of village Loluka, Police Station, Amour, District Purnea.

(2.) The plaintiffs case was that the suit lands belonged to one Kafuluddin who created a wakf by means of a deed. Fazlur Rahman was the mut-walli of the waqf during the year 1952-53. After the death of Fazlur Rahman, his son, Abdul Rahman acted as mutwalli for sometime, and thereafter the plaintiff was duly appointed as Mutwalli. It is said that during the mutwalliship of late Fazlur Rahman the suit lands were taken over by the Collector on 29-7-1952 under the Bihar Waste Lands (Reclamation, Cultivation and Improvement) Act, 1946 (hereinafter called the Act), for a period of 10 years. The said period expired in 1962. The same having not been returned, the present suit has been filed. It appears that while the Collector was in possession of the said lands he made settlement in favour of the respondents 2 and 3.

(3.) Shortly stated, the defendants' case was that the lands in suit were parti, waste and jungle lands from before and, therefore, in the year 1952 the possession of the same was taken over by the Collector under the Act Since the lands were tenure, they vested in the State of Bihar in 1955 under the provision of the Bihar Land Reforms Act, and, therefore, the plaintiff had no title and was not entitled to possession.