HARADHAN DUTTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS second appeal by the plaintiffs -appellants is directed against the judgment and decree dated 9.5.1988 passed by 7th Additional District Judge, Dhanbad in Title Appeal No. 88/3/44 of 1974/76/87 whereby he has reversed the judgment and decree dated 24.7.1974 passed by the Munsif, 2nd Court, Dhanbad, in Title Suit No. 104/70 and dismissed the suit.

(2.) THE plaintiffs -appellants filed the aforementioned suit for declaration of title and further for a declaration that the property of Schedule -A of the plaint has not vested in the State of Bihar. Schedule -A property comprised of two plots, namely, plot Nos. 667 and 668 of Khata No. 207 situated in village - Pindrahat, P.S. Nirsha, District -Dhanbad. These plots are the tank and embankment. Plaintiffs' case is that these plots were the khas property of the Ex -landlord who settled it with the plaintiffs in raiyati right in the year 1951 B.S. i.e. 1944 on annual rent of Rs. 3 only. The plaintiffs alleged to have taken settlement of the tank for the purpose of irrigation of the lands near the tank and for utilizing its silt as manure of his paddy land for growing vegetables on its all. The plaintiffs claim to have got oral settlement of these plots by delivery of possession in acceptance of rent as the plaintiffs were Bikhsa - Bhai of the ex -landlord and therefore verbal settlement was made. It is contended by the plaintiffs that they were all along in possession of the tank since settlement by claiming permanent raiyati right. The respondent -State illegally tried to auction the tank to the general public which was protested by the plaintiffs and finally the suit was filed.

(3.) THE Trial Court, after considering the evidences both oral and documentary adduced by the parties, decreed the suit. The defendant -State filed Title Appeal No. 88/3/44 of 1974 -76 -87 which was Sub -sectionallowed by, the Sub -Judge -I, Dhanbad vide judgment dated 21.5.1976. Thereafter the plaintiffs -respondents filed appeal before the Ranchi Bench of the Patna High Court being FA No. 139/76. The said appeal was allowed and the case was remanded back to the First Appellate Court for re -hearing. After remand the Lower Appellate Court, after considering the entire facts and circumstances of the case and re -appreciating the entire evidence, finally passed the im -pugned judgment and thereby allowed the appeal and set aside the judgment and decree passed by the Trial Court. Hence this appeal.