BARAIK BADRI SAHI Vs. CHAMRA URAON

JUDGEMENT

(1.) This was a suit for recovery of certain lands said to be the majhahas land of the plaintiffs. The plaintiffs alleged in paragraph 8 of their plaint that the disputed land was in their personal occupation and had all along been so held by them and their predecessors-in-interest and zurpeshgidars; that the defendants had no. concern with the disputed land, nor was the disputed land ever settled with them, but that they nevertheless had cut the paddy crops, which had been raised by the plaintiffs. On this act of dispossession the suit was instituted for khas possession.

(2.) The suit was decreed by the Munsif who found that the defendants were mere trespassers, having no right or title to the land in suit. The learned Judicial Commissioner, however, decreed the appeal and dismissed the suit.

(3.) Three points have been taken by the learned Counsel for the plaintiffs-appellants in this appeal.