BAIJNATH SAO @ BAIJNATH SHAW Vs. PRADIP KUMAR KHAITAN

JUDGEMENT

(1.) This is the Plaintiffs' second appeal against the judgment and decree of affirmance passed by learned lower Appellate Court in Title Appeal No. 150/05.

(2.) The Plaintiffs had filed suit before learned Sub-ordinate Judge, Dhanbad praying for a decree for declaration of title and confirmation of possession. He had also prayed for a decree for permanent injunction against the Defendants. The suit land appertains to CS Plot No. 1525 under khata No. 136 of mouza- Hirapur, District-Dhanbad.

(3.) The Plaintiffs' case was that the suit land was the khatiani land of Jharia Raj Estate and the ex-landbord had made several settlements and set up the tenants. An area of 5 katha of the suit land was settled in the name of the original Plaintiff Kalwa Devi, who died during the pendency of the suit. Since thereafter, the Plaintiffs had been coming in possession of the suit land on payment of rent to the ex-landlord and subsequently to the State Government. The Plaintiffs had got valid right and title over the suit land. It was further stated that the Defendants had illegally and falsely claimed their right and title over the suit land on the basis of the settlement. The Plaintiffs claimed that the Defendants had obtained a decree in their favour in Title Suit No. 121/258 of 1960-62 and the Defendants are trying to dispossess the Plaintiffs on the strength of the said decree in Execution Case No. 98/1973.