SOHRAI MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This Second Appeal, under Sec. 100 of the Code of Civil Procedure, has been preferred against the judgment and decree dtd. 27/9/2016 passed by learned District Judge-I, Seraikella-Kharsawan in Title Appeal No.05 of 2008 by which the learned First Appellate Court dismissed the Title Appeal and confirmed the judgment dtd. 6/3/2008 passed by learned Subordinate Judge- I, Seraikella in Title Suit No.17of 1998.

(3.) The brief facts of the case is that the plaintiffs filed Title Suit No.17 of 1998 for declaration of right, title, interest and confirmation of possession over the suit land described in schedule 'B' of the plaint. The case of the plaintiff is that one Bansi Mahato took settlement of the land from the then ex-landlord Shyama Prasad Singh and Tara Prasad Singh. This settlement was made in the year 1361 B.S. The landlord granted settlement receipt and also delivered possession of the land. Bansi Mahato developed and improved the condition of the land by cultivating over the same. After the death of Bansi Mahato, plaintiffs came in physical possession of the land. After vesting of the intermediary interest to the State of Bihar as per Bihar Land Reforms Act, the Government of Bihar also acknowledged Bansi Mahato as tenant under the Government and also realized rent and granted receipts in favour of Bansi Mahato and thus, Bansi Mahato was treated as a Raiyat under the Government. The plaintiffs have no knowledge about the wrong entry made in Revenue Survey Settlement Operation prior to November, 1994. For the first time in November, 1994, the Circle Karamchari threatened the plaintiffs to dispossess the plaintiffs from the suit land. The plaintiffs resisted it. A notice under Sec. 80 of Code of Civil Procedure was sent to the Deputy Commissioner. After expiry of the time stipulated in the notice, the suit was filed.