CHANDI CHARAN LAW Vs. LAL BEWA

JUDGEMENT

(1.) This appeal has arisen out of a suit to recover possession of a tank with its banks on declaration of the plaintiff's title therein. The suit has been dismissed by both the Courts below.

(2.) The tank and its banks were recorded in the Record-of-Rights, eight annas, as held by defendant 1 in Niskar right and the remaining eight annas, as held by defendants 2 to 50 in different tenure rights under the plaintiff. The plaintiff instituted a suit under Section 106, Ben. Ten. Act for correction of the entry in so far as it related to the former eight annas, alleging that it was his mal property but failed therein. He then instituted the present suit alleging as regards the former half that it is not the niskar property of defendant 1 but is part of his own mal property, and as regards the latter half that defendants 2 to 50 have no concern with or rights to the same.

(3.) The Courts below have held that the decision in the suit under Section 106, Ben. Ten. Act operates as a bar to the present suit. This view is challenged and it is said that as the Revenue Officer had no jurisdiction to go into the question of title and could not make a decree for recovery of possession the decision cannot bar the present suit.