DHARAMDEO SINGH Vs. LAUKRAJ SINGH

JUDGEMENT

(1.) THIS second appeal at the instance of the plaintiff -appellant is directed against the judgment and decree dated 25.1.1988 passed by 6th Additional District Judge, Palamau, in Title Appeal No. 21/86 whereby he has dismissed the appeal and allowed the cross -objection filed by the defendants -respondents and set -aside the judgment and decree passed by the Subordinate Judge, Palamau, in Title Suit No. 63/83.

(2.) THE plaintiff -appellant filed the aforementioned suit for declaration of title and recovery of possession over the suit land which comprised within khata No. 54 of Village Manasoti, P.S. Daltonganj in the District of Palamau.

(3.) THE contesting defendant Nos. 1 and 2 filed their written statement, inter alia, stating that Bhaju Singh could not pay rent and, therefore, he surrendered the entire lands of Khata No. 54, Subsequently, the ex -landlord settled the entire suit land with Nirachchal Singh, father of the defendant Nos. 1 and 2 in the year 1936 and since then the settlee and after his death, these defendants have been coming in exclusive possession of the entire suit property and paying rent, at first, to the ex - landlord and then to the defendant - State of Bihar. These defendants have totally denied that the property was ever mortgaged by the plaintiffs father to the defendants or to their father. The trial Court framed the following issues for consideration.