SAMIR KUMAR MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal against decree dated 3.1.1984 of the 3rd Additional District Judge, Saharsa in Title Appeal No. 5/82 reversing the decree of the Munsif, Supaul in Title Suit No. 131 of 1965, who had decreed the suit which was instituted by Dr. Sudhir Kumar Mukherjee, father of appellant Nos. 1 to 3 and husband of appellant No. 4 for a declaration that the land described in Schedule I of the plaint was not a public land and/or part and parcel of the land which had been transferred by registered deed dated 29.8.1878 by the erstwhile proprietors of Baruari Estate in the district of Saharsa to the Government for construction of Court of S.D.O., Supaul.

(2.) The suit was instituted because the Sub -Divisional officer, Supaul had declared the suit land as public land in a land encroachment proceeding. The plaintiff was served with notice by the Deputy Collector Land Reforms to vacate the land.

(3.) There is no dispute that the plaintiffs were in possession of the suit land since long and also paying rent to the State of Bihar after vesting. There is no dispute that by registered deed dated 29.8.1878 Raj Bahadur Narendra Narain Singh on behalf of self and guardian of minor nephew Surendra Narain Singh granted licence to the State Government to occupy 30 acres 11 poles of land of Kharail village, Pargana Malharigopal, P.S. Supaul pertaining to Touzi No. 54 in the district or Bahagalpur for limited purpose of constructing Sub -Divisional Kutchery on certain conditions. This was before passing of the Transfer of Property Act, 1882.