GAJNAFAR AHMAD Vs. UMA DEVI

JUDGEMENT

(1.) Heard the learned counsel on behalf of the appellants on the point of admission.

(2.) The suit land was recorded in the name of Ali Ahmad and Sk. Rahim Bux. Sk. Rahim Bux died issueless and his share devolved upon Ali Ahmad. Ali Ahmad died leaving behind his two sons namely Zafar Ahmad and Gajanfar Ahmad (Plaintiff no.1). Zafar Ahmad died leaving behind four sons i.e. plaintiff nos.2-5. Plaintiffs inherited the suit property including that of Rahim Bux who died issueless.

(3.) The land was being cultivated by hired labors some times during 1947-48. It is further case that one eviction case being R.E.R. Case No.391 of 1947-48 filed in the Court of Sub Divisional Officer, Godda by some mischievous elements on the plea that land had been given under Bhauli to them for cultivation and the land owners were not in cultivating possession. S.D.O., Godda after enquiry held that the land was cultivated on Bhauli and recommended on 16/10/1948 for eviction of Ali Ahmad and for fresh settlement of land. The S.D.O. recommended the eviction which was accepted by the Deputy Commissioner and the land was settled on 15/7/1950 to different Raiyats.