SHEOKUMAR TEWARI Vs. CENTRAL CO-OPERATIVE BANK DINAPUR

JUDGEMENT

(1.) This is an appeal by the plaintiffs in a suit for declaration of title and recovery of possession.

(2.) The suit relates to 1. 65 acres of land in village Chandar which was recorded in the record of rights, finally published in the year 1910, as the raiyati holding of one Gauri Mahton, defendant 2, holding under the plaintiffs as landlords. The case of the plaintiffs is that the settlement record is incorrect, and that the disputed land is really their bakasht land. Defendant 1 is the Central Co-operative Bank, Dinapur. It got a decree against Gauri Mahton and, in execution of this decree, purchased the suit property and took delivery of possession of it. The plaintiffs thereupon filed an application under Order 21, Rule 100, Civil P.C. This application was summarily rejected. Hence, the present suit.

(3.) The suit was contested only by the Bank. The main defence was that the disputed land was the raiyati land of Gauri Mahton and that the Bank had acquired a good title to the land by the execution sale.