KALARA KHARIAN Vs. BHAIRO NAGASIA @ GANESH NAGESIA

JUDGEMENT

(1.) THIS appeal is against the Judgment and decree of reversal passed by Second Additional District Judge, Gumla whereby, the judgment and decree of the trial Court has been set aside allowing the plaintiffs appeal.

(2.) THE plaintiffs case was that the land measuring 4.72 acres bearing Plot Nos. 559, 995 and 142 appertaining to khata No. 51, Mauza Goja Bartola, Police Station Palkot, District Ranchi was recorded in the name of Sanu Kharia in the Revisional Survey Record of rights. Subsequently, Sanu Kharia died leaving behind his son Ghasi Kharia, who succeeded to his father and came in possession of the said land (hereinafter to be referred as the suit land). In the year 1938, Ghasi Kharia surrendered the said lands before the landlord Ban Bihari Lal by virtue of registered deed of surrender dated 2.4.1938 in favour of the ex -landlord.

(3.) THE learned trial Court came to the finding that Ghasi Kharia had not surrendered the land in favour of the landlord and hence there was no question of settlement of the suit land in favour of the plaintiffs. The trial Court held that the story of initiation of restoration case was also not true. The trial Court decided the vital issues against the plaintiffs and dismissed the suit.