BHAIRO SINGH Vs. RAI SHAMSUNDAR PRASAD

JUDGEMENT

(1.) This is an appeal by the plaintiffs, Bhairo Singh and others, who brought a suit for a declaration that 62 bighas 12 kathas and 12 dhurs of lands situated in village Pahsara are their raiyati holding on a rental of Rs. 26-14-0 including case. The plaintiffs case was that originally the lands formed part of an area of 92 bighas odd which was the occupancy holding of the ancestors of themselves and defendants second party who is their near agnate. By a registered partition deed of the year 1885 the plaintiffs or their predecessors in interest were allotted the land in suit and the rest of the holding was allotted to the defendants second party. The land was shamilat of four touzis in two of which, Nos. 1070 and 1071, the plaintiffs have a proprietary share. The plaintiffs case is that they acquired their shares in both touzis after they had acquired their raiyati interest. In the cadastral survey, finally published in the year 1902, the suit land was recorded as bakasht in possession of the plaintiffs as on sharer landlords on payment of compensation to the remaining landlords. The rest of the occupancy holding was recorded as raiyati of defendant, second party in khata No. 1651 on a rental of Rs. 39-1-1? which was joint with that of the suit land.

(2.) According to the plaintiffs, the survey entry was incorrect, and the suit lands should also have been recorded as their raiyati land on payment of the proportionate rental of Rs. 26-14-0 as entered in the partition deed. Subsequently there was a collectorate partition of the mahal and the plaintiffs claimed the suit lands as their raiyati, but instead they were assessed as ordinary baksht lands on an estimated rental of Rs. 7 per bigha.

(3.) The plaintiffs brought the suit for a declaration that they were entitled to continue to hold the suit lands as an occupancy holding on a rental of Rs. 26-14-0 or for such other relief as the Court might find to be proper. The plaintiffs impleaded the landlords of the four tauzis under which the lands were recorded as the defendants first party in the suit. Written statements were filed by various members of the defendants first party to the effect that the lands were bakasht lands of the proprietors and were rightly assessed in the partition. They also pleaded that the suit was barred by limitation.