MOHAMMAD HANIF Vs. KHAIRAT ALI

JUDGEMENT

(1.) This is an appeal from a decision of the Additional Subordinate Judge of Hazaribagh, dated 30 November 1937, affirming a decision of the Munsif of Giridih, dated 7 September 1936.

(2.) The appeal is by defendants 2 and 3, and the suit, which was decreed by both the Courts, was, for declaration of the plaintiff's title as a raiyat and for recovery of possession with mesne profits of 2.85 acres of paddy land bearing survey plots Nos. 856, 855 and 859 of khata No. 10 situated in mauza Girnia.

(3.) The facts so far as they are now material may be stated as follows. Baja Sarda Narain Singh, proprietor of Serampur estate, acquired the khorposh rights in village Girnia by purchase at an auction sale in 1908. After his death in 1908 a succession suit (No. 112 of 1908) was instituted by his uncle Nilkantha Narain Singh against his widow Rani Jagdamba Kumari in respect of all the Raja's properties comprised in Gadi Serampur. That suit was decreed on 18 September 1911 by the Subordinate Judge of Hazaribagh, and Nilkantha on the strength of his decree took out delivery of possession on 1 May 1912, It appeared however that the late Raja had never obtained possession of Girnia by virtue of his purchase. Nilkantha. therefore brought a title suit (NO. 156 of 1914) against the khorposhdars for khas possession of Mauza Girnia. That suit was-decreed on 27th February 1915, and Nilkantha took delivery of possession on 20 May 1915 (decree Ex. 10.P). After that, Nilkantha's son Wazir Narain Singh, who on his decease had been substituted in his place in the litigation, gave a mukarrari lease on 26 May 1917 to Daud Ali, who was originally defendant 1 in the present suit. Daud Ali in his turn granted two hukumnamas in 1920 (IIth of Baisakh 1827 Fs.) in the names of his three sons purporting to give them raiyati settlements of all the bakast lands in the village, including the lands in suit: these three sons are defendants 2, 3 and 4 in the present suit.