NOUS KUJUR Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THIS appeal, at the instance of the appellant, is directed against the judgment and decree dated 31.1.2000 and 14.2.2000 respectively passed in Title Suit No. 234/1993, whereby and whereunder the learned Subordinate Judge VI, Ranchi dismissed the suit. Plaintiff is appellant here.

(2.) THE case of the plaintiff (hereinafter referred to as "the appellant") is that the land bearing RS Plot No. 55 under khata No. 9 of village Mohulia, PS Khelari, District Ranchi was owned and possessed by the Colonization Society of India Ltd. Macluskiganj, PS Khelari, District Ranchi, which is now in liquidation. The further case of the appellant is that he had acquired 6 acres of land in Danpatra out of plot No. 55 of khata No. 9 from the Colonization Society of India in the year 1954 -55 and came in actual possession thereof and paid rent for the same from 1954 -55. The appellant was further settled in the year 1962 -63 with 3 acres of land out of plot No. 55 of khata No. 917 of village Mohulia by way of raiyati rights by the BDO, Burmu for and on behalf of the State of Bihar and came in possession over that land since 1962 -63. The appellant has been coming in peaceful possession over the said 9 acres of land for the last 40 years and has made improvement in the lands and made it cultivable and even constructed his house, in which he has been living and giving rent to the State in all the years. It is alleged that the Forest Officer Burmu, on 5.6.1993, threatened the appellant to disposses him from the suit land and he also threatened him on various dates thereafter. The appellant gave notice on 19.6.1993 under Section 80, CPC to the Forest Officer and the Deputy Commissioner, Ranchi. Being afraid of the fact that he may be dispossessed from the land in question, he has instituted the suit for declaration of right, title and interest over the suit land.

(3.) RESPONDENT No. 3 also appeared and filed written statement stating inter alia, therein that the disputed land is a protected forest of the Forest Department and this land cannot be settled and appellant has got no possession over the disputed land. It has further been alleged that the disputed land along with other lands measuring 103.03 acres have been transferred to the Forest Department vide 8 -69/89F dated 10.2.1995 by the Ministry of Environment and Forest, Government of India through Secretary Forest, Government of Bihar and as per condition of transfer, CCI, has granted that much land for forestation for which a sum of Rs. 1, 93, 24, 944.72 paise has been paid and possession has been given to the defendant No. 3 and defendant No. 3 is in possession over the said land.