JANAK MAHTO Vs. MOSTT.BIGAHI DEVI

JUDGEMENT

(1.) THIS second appeal is against the judgment and decree dated 15th June, 2005 (decree signed on 28.06.2005) passed by the learned District Judge, Hazaribagh in Title Appeal No. 21 of 2003 dismissing the appeal and upholding the judgment and decree passed by learned Subordinate Judge -IV, Hazaribagh in Title Suit No. 66 of 1992.

(2.) THE Appellants were the Defendants in Title Suit No. 66 of 1992. The said suit was filed by the Plaintiffs Respondents praying therein a decree for declaration of title and confirmation of possession or alternatively for recovery of possession of the suit property and also for grant of injunction restraining the Defendants from making any construction over the suit property.

(3.) THE Defendants contested the suit. In their written statement, they stated, inter alia, that the suit is barred under various provisions of law. The Defendants claimed their possession over the suit land. According to the Defendant -Chotu Mahto -father of Defendant No. 1, took settlement of land of Khata No. 1 of Village -Kekebar in 1927 from the co -sharer ex -landlord -Ledu Mahto, including the portion of the suit land. He also paid rent to the ex -landlord. After vesting of estate, he paid rent to the State. After their settlement, they have got raiyati right over Plot No. 99 and they have been cultivating the land for last 49 years. They have also constructed brick built compound wall. They are in peaceful possession of Plot No. 568 under Khata No.