SITLAL BAITHA @ RAM Vs. RUDI CHAMAR

JUDGEMENT

(1.) THIS appeal has been directed at the instance of defendants appellant against the impugned judgment and decree dated 1.5.1990 and 11.5.1990 respectively passed in Title Appeal No. 30 of 1988 by Shri Surya Kant Mishra, 7th Additional District Judge, Palamau at Daltonganj whereby and whereunder the judgment and decree dated 26.4.1988 and 6.5.1988 respectively passed by Sub -Judge, Garhwa in Title Suit No. 11 of 1983 was set aside and the appeal filed by the plaintiffs respondent was allowed.

(2.) THE plaintiffs respondent had filed Title Suit No. 11 of 1983 on 20.01.1983 for a declaration that plot No. 496 appertaining to Khata No. 14 having an area of 71 decimals (hereinafter referred to as the suit land) situate in village Arsali Tola, Jhunri, P.S. Bhawnathpur, District Palamau is the occupancy raiyati land of the plaintiffs respondent and the defendants appellant have no interest therein and they have further sought confirmation of their possession in respect of the suit land and in the alternative for recovery of possession in respect thereof.

(3.) THE case of the defendants appellant, inter alia. Is that they have acquired a suit land by virtue of the registered sale deed dated 12.7.1971 executed by Chijwa Chamain and Budhan Chamar and they came in possession over the suit land and the said sale deed is for consideration and both the vendors as well as the vendees are the members of scheduled castes. It is alleged that there is no restriction under Section 46 of the Chotanagpur Tenancy Act in respect of the sale of any immovable property by a member of the scheduled caste to the other member of that caste being the resident of the same police station and on the basis of the declared policy of the State of Bihar all the sale deeds by member of the scheduled caste in favour of the members of the scheduled caste at the relevant period is legal and valid and the defendants appellant are in coming over the possession of the suit land since then.