NANDA LAL PATHAK Vs. MOHUNT CHANURPAT DAS

JUDGEMENT

(1.) This is a suit for recovery of possession of land on the ground that the defendants possession of it was wrongful and illegal. The plaintiffs alleged that the land was their zerait. The defendants, in answer to that said that it was their Brahmottar land and that they had been in possession for a great number of years: and on that the parties went to trial.

(2.) The lower Appellate Court has negatived the plaintiffs contention that the land is their zerait. It has also negatived the defendants plea that the land was their Brahmottar land; and the result has been that it has passed a decree in the plaintiffs favour holding that the plaintiffs are entitled to recover possession. The defendants 1st party have appealed from that decree.

(3.) The first point taken is that the finding of the lower Appellate Court that the land was not Brahmottar was not justified by the relevant evidence on the record. It appears that the land has been recorded as the defendants Brahmottar land, and that record would prevail until the presumption raised by it was proved to be incorrect The plaintiffs seek to establish this incorrectness by relying, amongst other things, on the Khasra in certain Butwara proceedings: and it is in reliance upon this Khasra and the indication it contains principally that the lower Appellate Court has held against the defendants plea of Brahmottar title in them-selves.