GHANSHYAM RAI Vs. JITAN MURMU

JUDGEMENT

(1.) This miscellaneous appeal has been preferred against the judgment and order of remand passed by learned Additional District Judge, F.T.C-I, Giridih in Title Appeal No. 4/02. The appellants are the defendants. The plaintiffs-respondents had filed suit in the Court of the Munsiff, Giridih being Title Suit No. 178/1992 seeking declaration of their right title and interest over the suit land and for recovery of their possession.

(2.) The suit land appertains to Khata Nos. 3 & 4, Mouza - Kari, P.S - Kharagdiha, District-Giridih.

(3.) The plaintiffs' case, in brief, is that they are 'Santhal' by caste and the members of Scheduled Tribe. The plaintiffs are the descendants of Bhikho Manjhi, Late Sona Manjhi and Late Kandana Manjhi, who were recorded as Bhumidhar in the survey record of rights. In the past, the plaintiffs' ancestors all along had paid rent of the said land and obtained receipts thereof. After the death of their father, the plaintiffs have been paying rent of the said land to the Government and have been getting rent receipts. During life time, the said recorded tenant had given some land to Dar-Raiyat Panchu Turi. The details of the land have been given in Schedule 'C property. The said Panchu Turi was issueless. When he became old and unable to cultivate the land, the defendant No. 1 started cultivating the land of Panchu Turi on Adh-Bataie (share cropper) and started giving half of the produce of the crops to Panchu Turi. After the death of Panchu Turi, land of the said Dar-Raiyati Khata reverted to the plaintiffs. However, the defendant Nos. 1-7, who are rich and powerful persons, started cultivating the said land forcibly and deprived the plaintiffs of their right of ownership and possession over the land of Schedule C that gave rise to the cause of action for the suit.