MD ABDUL SATTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by the plaintiff against the decree of the 3rd Additional Subordinate Judge, Muzaffarpur dated 27th June, 1985, whereby the decree passed by the Munsif dated 8.10.1983 dismissing the plaintiff's suit was affirmed.

(2.) The suit was filed for declaration that the revisional survey entry in the name of State of Bihar in respect of plot No. 4014 measuring an area of 9 decimals being portion of C.S.P. No. 2790 situated in village Kolhua Paigambarpur was wrong and also for declaration of the plaintiff's possession over the suit plot. Cadestral' Survey Plot No. 2790 was a big plot having an area of 2.90 acres which was recorded as Bakasht Babu Nandlal Bagh. This plot was an orchard. The landlord had settled portions of this plot to different persons who came in possession of their settled area. Makhdum Eux, father -in -law of the appellant had also taken settlement of 1 bigha 10 katha 9 dhurs of land out of the aforesaid cadestral survey plot from the then landlord Urna Shankar Prasad and came in possession. He paid rent and was granted rent receipt. After the revisional survey different numbers were given to different settlee by the ex -landlord. So far as land settled with Makhdum Bux is concerned, they were number as R.S.P. Nos. 4011, 4012, 4014 and 4015. Makhdum Bux sold plot No. 4011 to Md. Siddiqui. Likewise other plots in possession of Makhdum Bux were also sold.

(3.) Makhdum Bux, according to the plaintiff's case, sold portion of R.S.P. No. 4015 in respect of which there is no dispute by registered sale -deed dated 6.9.1976. Makhdum Bux sold remaining portion of R.S.P. No. 4015 and the entire disputed land of R.S.P. No. 4014 to the appellant but there is no dispute with regard to the portions sold to the plaintiff in R.S.P. No. 4015. The State of Bihar disputed the claim of the plaintiff -appellant on the basis of entry in the Revisional Khatian. According to the plaintiff, State of Bihar had no concern with this plot as survey entry was wrong. The plaintiff was in possession of portion of this plat Admittedly, the names of other tenants are recorded in the other plot sold by Makhdum Bux. His residential house stands on this plot. The State of Bihar started Land Encroachment proceeding. The plaintiff served notice under Section 80 of the Act on the State of Bihar.