GULAM NABI Vs. KALIM ANSARI

JUDGEMENT

(1.) The plaintiffs are the appellants-appellants. They have assailed the judgment and decree dated 22.5.2008 passed by the District Judge, Latehar in T.A. No. 07/2007 whereby learned Court below has upheld the judgment and decree passed in Title Suit No. 11/28 of 2003 by learned Sub Judge-I, Latehar and dismissed the appeal.

(2.) The plaintiffs had filed Title Suit No. 11/28 of 2003 seeking a decree of declaration of their right, title and interest in the suit land.

(3.) According to the plaintiffs, the suit land appertaining to khata No. 10, Plot No. 137, Area 0.60 acres of village Hutar. P.S. and District Latehar was recorded in the name of one Dhani Singh in Cadestral Survey. The said recorded tenant had surrendered the land by virtue of a deed of Istifanama dated 25.9.1928 to the ex-landlady Deoki Kuar wife of Sriman Maharaj Kumar Chhotelal Bindeshwari Prasad Nath Sahdeo, the landlord of Lavarpur Estate, Pargana Tori. The ex-landlord came in possession of the land and subsequently settled the same on 26.10.1928 in the name of Jamtali Mianthe plaintiffs' father. The plaintiffs' father was put in possession of the said land. The said settlement was followed by payment of rent to the ex-landlord. After vesting of zamindari in the State under the provisions of Bihar Land Reforms Act, the ex-landlord filed return showing the name of Jamatali Mian, as raiyat in respect of the said land. On the basis of the return the State of Bihar (as then was) also recognised him as raiyat of the said land. Jamatali Mian had also some landed property under khata No. 35. The rent receipt was issued jointly in respect of khata Nos. 10 and 35. The plaintiffs were taken by surprise when they came to know that the defendants clandestinely got their names mutated in respect of said land.