JEERAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS second appeal filed by the plaintiff is directed against the judgment and decree dated 7.3.1987passed by Additional District Judge, Palamau in title appeal No. 29/85 where by he has confirmed the judgment and decree passed by Sub -Judge, Palamau dismissing the title suit No. 56/82.

(2.) THE plaintiffs/appellants filed the aforementioned suit for declaration of title in respect of the vacant possession of the property as mentioned in Schedule A of the plaint which comprised khata No. 89 plot No. 84 measuring are of 85 decimals in village Rehla Khurd P.S. Rehla District Rehla, Palamau.

(3.) AGGRIEVED by the said decision of the Commissioner plaintiffs filed aforesaid suit after serving notice under Section 80, CPC. The defendants State of Bihar and the Revenue Authority appeared in the suit and filed their written statement alleging inter alia that the suit is not maintainable as barred under the provisions of Section 258 of the C.N.T. Act. The case of the defendants was that the settlement of 40 decimals of land in favour of the plaintiffs is valid and the settlement in respect of the remaining 45 decimals of land was cancelled for the reason that plaintiffs never exercised their right title, interest and possession over the said land. The trial Court framed the following issue for consideration :