STATE OF BIHAR (NOW JHARKHAND), THROUGH THE DEPUTY COMMISSIONER, HAZARIBAGH AND OTHERS Vs. BASUDEO LAL GUPTA

JUDGEMENT

(1.) This appeal is against the judgment and decree dated 10.10.02 passed in Title Appeal No. 51/1999 by learned Additional District Judge, VII, Hazaribagh dismissing the defendants-appellants' appeal and upholding the judgment and decree passed by learned Munsif, Koderma in Title Suit No. 67/1988.

(2.) The respondent was the plaintiff. He had filed suit for declaration of title and confirmation of possession and alternatively for delivery of possession over the suit land and also for injunction restraining the defendants from interfering with the peaceful possession of the plaintiff.

(3.) The plaintiffs case, in brief, is that the land of Khata No. 24 measuring an area of 6.62 Acres of Village - Chauparan was recorded in the name of Doman Barhi. Out of the said land, 32 Decimals of land of Plot No. 479 was purchased by the plaintiff from Doman Barhi and other heirs of the recorded tenant by virtue of registered sale deed in the year 1977. The said raiyati land was recorded under the Khewatdar Churaman Singh. The superior landlord Raja Kamakhya Narayan Singh was not the landlord of the suit land. After purchasing the said land, the plaintiff had applied for mutation before the Circle Officer, but his application was rejected. The appellants had preferred appeal before the Land Reforms Deputy Collector. The appellate authority set aside the order of the Circle Officer and remanded the matter for fresh consideration and disposal. The Circle Officer again rejected the plaintiffs application. The plaintiff again preferred appeal before the Land Reforms Deputy Collector. His appeal was dismissed. He preferred revision before the Additional Collector which was also dismissed. The plaintiff, thereafter, filed the said suit for the aforesaid reliefs.