KAMESHWAR PANDEY Vs. RAJDEO PANDEY

JUDGEMENT

(1.) Plaintiffs filed Title Suit No.102 of 1965 for declaration that suit lands measuring total 3.42 acres of Plot No.287 in village Banki Khurd and Plots 771 and 772 in village Banki Kalan, described in Schedule to the plaint, was their raiyati land. Their case was based on Raiyati settlement.

(2.) Two sets of written statements were filed in the suit, one on behalf of defendants 6 to 13, supporting the claim of plaintiffs and another by contesting defendants 14 to 22, who denied settlement of suit lands with plaintiffs and asserted that in fact 4 Bighas 15 1/2 kathas land, bearing plot No.1261 in village Banki Kalan was settled with them in the year 1944-45.

(3.) Trial Court decreed that suit on 31-7-1971, holding that plaintiffs established their subsisting right, title and interest over the suit land and were also in possession thereof.