MASOMAT KASIDA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment and decree of the affirmance passed by the Additional District Judge, Dhanbad in Title Appeal No. 49 of 1992.

(2.) THE plaintiff is the appellant -appellant, He filed Title Suit No. 13/76 in the Court of Sub -Judge, Dhanbad which was ultimately tried and disposed of by the Sub -Judge, 5th Dhanbad.

(3.) THE plaintiffs case was that he had been in possession of the suit land being an area of 40 decimals of plot No. 652 Khata No. 136 of Mauza Hirapaur District Dhanbad. The father of the plaintiff constructed a house over the suit land and cultivated vegetables over the rest of the suit land. According to the plaintiff, his father was in possession of the said land since 1931 and after the death of his father he inherited the suit land According to the plaintiff, having been in continuous possession since 1931 he acquired good title by adverse possession, to the notice and knowledge of Jharia Raj Estate and after vesting of the Zamindari to the knowledge of the State of Bihar. According to the plaintiff, the said plot was recorded as Gairabad Malik in the record of rights prepared in course of the last survey settlement operation of 1925 but thereafter his father acquired valid, right and title by adverse possession. The said land was not vested in the State of Bihar even after vesting of intermediary right. The further case was that on a frivolous report of the B.D.O. Dhanbad a case under Section 147 of the Indian Penal Code was instituted against the appellants ancestor late Muni Nath Singh which was ended in his acquittal. Subsequently a Land Encroachment case was initiated against him being B.P.L.E. case No. 25 of 1965/66 and the L.R.D.C. passed an order for eviction of the plaintiff from an area of 4 decimals forming portion of the suit land. The plaintiff preferred an appeal and thereafter revision but could not succeed. According to him, the land is not a public land and the land encroachment proceeding was wholly without jurisdiction. The plaintiff thereafter served a notice under Section 80 of the Code of Civil Procedure on the State of Bihar and other authorities and after expiry of the statutory period, plaintiff filed Title Suit No. 359 of 1967 which was subsequently withdrawn with a permission to file a fresh suit on the same cause of action. Hence the instant Title Suit No. 13/1976 was filed.