SHRIKISHUN LAL Vs. HARIHAR SAH

JUDGEMENT

(1.) This is a plaintiff a second appeal against a decision in first appeal affirming the Munsif's judgment dismissing the suit, which was to recover possession of holding No. 231 within the municipal area of Muzaffarpur town, which was also a portion of Survey plot 312 of khata 106 of mahal Ganipur. It was so recorded in the record of rights as part of the raiyati holding of one Umesh Chandra Rai, the survey having taken place before the area was included within the, municipality. Umesh Chandra Rai gifted the land to his daughter's son Rakhal Das, and, on 24th November 1934, Rakhal Das sold it to the plaintiff.

(2.) One Mt. Akli had taken settlement of the plot in suit from Umesh Chandra Rai, and it has been found that this lease was taken for building purposes. On 19th March 1942, Akli sold her interest to defendant 1. It has been found that, if Akli was an under-raiyat, she had acquired occupancy status. She was impleaded as a defendant, but did not contest the suit, this being done only by defendant 1, and it is stated, and not contradicted, that Akli has since died, leaving no heir.

(3.) The plaintiff's case was that Akli, being an under-raiyat, had no power to transfer her interest, and so defendant 1 acquired no interest in the land and was liable to be ejected.