NATHUNI RAM Vs. RAGHUPAT RAM

JUDGEMENT

(1.) THE only substantial question to be answered in this appeal is "Whether the Court of appeal below wed ill law in rejecting plaintiff 'sclaim over 14 decimals out of total 36 decimals land of plot No. 51. when raiyati settlement obtained in 1342 Fasli was not negatived". No liberty was given to urge any other question and for that, no other question has also been raised.

(2.) THE question aforesaid arose out of the short fact that the plaintiffs father got 0.76 acres and 0.36 acres of land in plot No. 11 and 51 respectively as gairmanzarua malik land and thereafter there was a partition between the two brothers and plaintiff and in his portion, the plaintiff raised a house and inducted the defendants as tenants. Subsequently, the plaintiffs name was also mutated in L.R.D.C. record and substantial Jamabandi was opened. The Jamabandi was opened in the name of the defendants which was beyond the jurisdiction and therefore, the plaintiff tiled the suit for declaration of his title and for confirmation of his possession over the land over plot No. 51 measuring 36 decimals appertaining to Khata No. 80 of village Japla -Dharhara, District. Palamau.

(3.) THE learned trial Court framed many issues and one of the issues, i.e., the issue No. 5 was