KEDAR MAHTO Vs. CHHATHOO SINGH

JUDGEMENT

(1.) This second appeal is by the plaintiffs, whose suit for declaration of title and recovery of possession with respect to 73 decimal of land fully described in the plaint has been dismissed by the lower appellate Court.

(2.) Shortly stated the case of the plaintiff-appellants was that plot No. 229 under Khata No. 22 was recorded in the name of Chuni Dhanuk, who was described as occupancy raiyat Bha'wali in the Khatian. Chuni Dlumuk had two sons Mahadeo and Sheo-dhari. These two sons of Chuni Dhanuk came in possession of plot No. 229 on the death of their father. It is further said that on a partition between two brothers, plot No. 229 was allotted to the share of Mahadeo, who remained in exclusive possession till hii death and after that his son, plaintiff No. 1 came in possession. With regard to plot No. 228, it is said that this plot was a ditch and was recorded as Garha ghairmazarua in the khalian. According to plaintiffs' further case. this plot was adjacent west to plot No. 229. The case of the plaintiffs further is that he and his ancestor filled up 19 decimal ot plot No. 228 and amalgamated ft with plot No. 229 and remained in possession till 13-8-1963 when they were dispossessed from 19 decimal of plot No. 228 and 54 decimal of plet No. 229, The suit, therefore, for declaration of title and recovery of possession with mesne profit was filed.

(3.) The defendants appeared and contested the suit. Their case, in short, was that plot No. 229 was the Bakast of the family of Jagdip Narain Singh of Daili, who, in the year 1314. Fs. gave plot No. 229 along with other lands to Chuni Dhanuk on Bhawali rent. Chuni Dhanuk abandoned the land which auain came in possession of the landlord, with respect to plot No. 228 the case of the defendants was that the landlord filled up 25 decimals of this plot which was a ditch and amalgamated it with plot No. 229 and brought it under cultivation. Further the defendants say that in the year 1350Fs., the Maliks settled the whole of plot No. 229 and 25 decimal of plot No. 228 in their favour and realised rent up to four annas kist of 1363 Fs. whereafter the intermediary interest of the Maliks vested in the State of Bihar. The defendants also said that after the vesting of the zamindari, they are paying rent to the State of Bihar and are in cultivating possession of the land in question.