KALI MAHTO Vs. CHANDRA KISHORE PRASAD MAHTO

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 9/5/6 passed by ADJ-VI in Miscellaneous Appeal no. 71/04 whereby and where under the order dated 10/8/4 passed by the Assistant Settlement Officer Dhanbad in Case no. 2681 of 2000 has been set aside and the appeal allowed.

(2.) The plaintiff/appellant brought a suit under sec. 87 of the Chotanagpur Tenancy Act 1908 for correction in the column of raiyat in record of right and to delete the name of the defendant in respect of 0.36 decimals of land situated at Plot no. 324/281 of Khata No. 25/20, 22, 29 and area 0.15 decimal of land in Plot Number 908/382.

(3.) The case of the plaintiff is that the suit land was purchased by Pahlu Mahto vide sale deed number 22076 dtd. 21/8/1970 and vide sale deed number 20755 dtd. 24/7/1971. After purchase he came in possession and mutated the suit land in his name. Later on Pahlu Mahto died issueless and his wife Phulmani Mahtain inherited the land. While she was in possession, she sold the land to the Plaintiff's Kali Mahto and Bijay Mahto vide sale deed number 3191 dtd. 28/3/80. The plaintiff's case is that the suit land has been wrongly recorded in favour of the defendant in recent survey, as it absolutely belonged to the plaintiff. That area of Plot no. 350/317 should be 0.16 decimals but wrongly shown as 0.08 decimals and area of Plot no. 401/360 and 498/362 should be 0.16 decimals each and not 0.15 decimals.