ETWARI PANDIT Vs. TEKLAL BAITHA

JUDGEMENT

(1.) PLAINTIFF is appellant. Subject matter of dispute in the present appeal is one acre of land from south, out of total 3.53 acres land of plot no. 767, situated in Village -Bhandaro, District -Giridih, detailed in Schedule A to the plaint which, plaintiff claimed to have obtained from Sewa Rai and Anandi Rai, both sons of Todi Rai in Dar -raiyati by registered sale deed dated 6.1.1964 and grown bamboos and Kathal Trees and plants thereon and cultivated the same for about 35 years adversely, openly and continuously to the knowledge of defendants and all concerned without any objection by anybody and as such acquired title by adverse possession over the said land. Rooms, varanda etc. have been constructed thereon by the plaintiff and a well has also been dug.

(2.) DEFENDANTS claimed to have purchased 1.96 acres land of plont No. 767 from Titoo Rai. According to plaintiff, neither Mostt. Sibia or her husband, Titoo Rai had any interest in the lands of plot No. 767. On 27.6.1973 defendants cut away 50 bamboos from the suitland.

(3.) PLAINTIFF 's vendors also did not take any step under Section 145(4) of the Criminal Procedure Code.