KAPIL SINGH Vs. FEDA ALI

JUDGEMENT

(1.) The second appeal is preferred by defendants 1 and 2 in a suit for declaration of title and recovery of possession of khata No. 35 having an area of 8 bighas in village Rajaundha.

(2.) The plaintiffs case is that they were the occupancy raiyats of the holding at a rental of Rs. 17/--under the Dumraon Raj, defendant 3. The Raj, however, settled the land with defendants 1 and 2 in 1937. After the settlement, the said defendants interfered with the plaintiffs possession and the disturbance gave rise to a proceeding under Section 144, Cr. P.C., which terminated in favour of the plaintiffs Thereafter defendants 1 and 2 forcibly dispossessed the plaintiffs on 17- 10-1988, on the strength of mutation of their names in the Canal Revenue Department.

(3.) The plaintiffs impleaded the Dumraon Raj as defendant 3. The suit was resisted by all the defendants by their separate written statements on the grounds that the holding formerly belonged to one Manbodh Koeri who became traceless and the holding was abandoned. That the proprietor thereupon took khas possession thereof under Section 87, Bihar Tenancy Act, which continued till it was settled with defendants 1 and 2 in 1345. A kabuliat was executed, in evidence of the settlement, on 20-10-1937. It is alleged by defendants 1 and 2 that they have been in possession since 1345.