LAWS(JHAR)-2005-3-18

NIRMALA DEVI Vs. SANJAY SHARMA

Decided On March 14, 2005
NIRMALA DEVI Appellant
V/S
SANJAY SHARMA Respondents

JUDGEMENT

(1.) THIS second appeal is against the judgment and decree of affirmance passed in Title Appeal No. 8 of 2003 by 1st Additional District Judg, Rajmahal whereby the Court below has dismissed the appellants ' appeal and upheld the judgment and decree of the trial Court.

(2.) THE plaintiff filed Title Suit No. 26 of 1985 in the Court of Settlement Officer as per the Santhal Civils, which was transferred to the Assistant Settlement Officer. The Assistant Settlement Officer, in turn, had made a certificate and transferred the record of the said title suit to the Court of Sub -Judge -I, Sahibganj under the provision of Sec. 5 -A of the Santhal Parganas Settlement Regulations, 1872. The suit was ultimately disposed of by learned Sub -Judge -I, Rajmahal, Sahibganj.

(3.) THE defendants contested the suit by filing written statement. It was, inter alia, contended that the plaintiffs have got no right, title and possession over the suit property and that the defendant No. 1 was put in possession of the land by the plaintiffs in pursuance of an agreement dated 24.4.1974. According to the defendants, the plaintiffs in collusion with the persons proforma defendants tried to forcibly disturb the defendants ' possession which led to the said proceeding under Sec.145, Cr PC and the same was decided in favour of the defendant No. 1.