KISHUN MAHTO Vs. BHIKHO MAHTO

JUDGEMENT

(1.) Heard the learned counsel for the appellants.

(2.) This appeal under Sec. 100 of Code of Civil Procedure has been filed against the judgment and decree of reversal dtd. 6/4/2017 passed by the District Judge-VIII, Giridih in Title Appeal No. 30 of 2008 whereby and where under, the learned first appellate court allowed the appeal on contest and set aside the judgment and decree passed by the Sub-Judge ' IV, Giridih in Title Suit No. 60 of 1998 dtd. 23/5/2008.

(3.) The case of the plaintiffs in brief is that the plaintiffs filed Title Suit No. 60 of 1998 to declare the raiyati right over the Schedule 'A' and 'B' land of the plaint. The plaintiffs claimed that they jointly acquired the suit property mentioned in the schedule of the plaint from the then landlord by oral settlement on annual rent of Rs.2.008 besides cess of payment of salami of Rs.75.00 and came in possession over the suit property. The plaintiffs further contended that there is a hukumnama dtd. 11/5/1945 in favour of the plaintiffs. The plaintiffs made Schedule 'A' land of the suit cultivable and paid rent in respect of the same to the ex-landlord. It is the further case of the plaintiffs, that the plaintiffs acquired the suit Schedule 'B' land by virtue of registered sale deed executed by the then landlord Tikait Khagendra Narayan Singh, vide sale deed no. 25359 and put in possession of the same and the plaintiffs enjoyed the same. The plaintiffs made an application for mutation of the Schedule 'B" land vide mutation case no. 9/71-72 and the same was allowed and their name was entered in the revenue registers. The plaintiffs have been paying rent regularly. Janki Mahto died in the year 1992 leaving behind his son Shibu Mahto who inherited the share of his father and came in continuous possession of Schedule 'A' and 'B' land of the plaint and thus claimed to have acquired right and title on adverse possession.