PATRAS BAA Vs. MARIANUS BILUNG

JUDGEMENT

(1.) THIS appeal is against the judgment dated 10.1.2003 and decree dated 18.1.2003 of the affirmance passed by the District Judge, Simdega in Title Appeal No. 11 of 2002 upholding the judgment and decree, dated 20.7.2001 passed by the Munsif, Simdega in Title Suit No. 5 of 1999.

(2.) THE plaintiff is the appellant -appellant. The plaintiff filed the suit for declaration of right, title and confirmation of possession over the suit lands.

(3.) DEFENDANTS contested the suit mainly on the ground that genealogy and relationship shown in the plaint was not correct and that Mangra Kharia had only son named as Lohra Kharia who had a son named Silbanus Kharia. It was contended that the plaintiffs are descendant of the recorded tenant of Khata Nos. 154 and 155 which stands in the name of Lohra Kharia, Mangra Kharai and Konda Kharia sons of Basraia Khari and the plaintiffs are neither the legal heirs of the recorded tenant of Khata No. 163 which is the subject matter of the suit nor they are in cultivating possession of the suit lands. It was pleaded by the defendants that Silbanus Kharia who was the son of the recorded tenant surrendered the entire suit land to the Ex -Landlord who came in possession over the same and subsequently settled the said land with the defendant by virtue of a sada hukumnama dated 28.1.1955 and since the said settlement they have been in possession of the suit land on paying the rent to the Ex -Landlord and subsequently after vesting of the zamindari to the State Government.