NILAMBAR MAHTO Vs. RANJIT CHAR

JUDGEMENT

(1.) Heard Mr. Atanu Banerjee, the learned counsel appearing on behalf of the appellant/defendants.

(2.) The present Second Appeal has been preferred against the judgment of affirmation dtd. 23/12/2023 and decree signed on 6/1/2024 passed in Civil Appeal No.32 of 2018 by learned District Judge-III, Jamtara, whereby the said appeal was dismissed upholding the judgment dtd. 28/4/2018 and decree signed on 16/5/2018 passed by learned Civil Judge (Senior Division)-I, Jamtara in Title Suit No.45 of 2012 whereby the said suit was dismissed.

(3.) The case of the plaintiff/respondents is that the plaintiffs are Hindus and are governed by Dayabhaga School of Hindu Law. Plots no. 264, 85, 84, 56, 252, 263, 92, 57 and 253 of Mouja Babudih appertaining to AKJ no. 28 were recorded in the names of Haripad Char and Gour Char, the predecessors in interest of the plaintiffs. The genealogical table given by the plaintiffs in para 3 of the plaint discloses the fact that Bistu Char died leaving behind his son Haripad Char (RT) who died leaving behind his three sons namely Kalipad, Renupad and Santosh (P-1). Kalipad died leaving behind Lakhi, Bipad, Madhusudan and Brindaban who are plaintiffs no. 3, 4, 5 and 6. Renupad died leaving behind Sudha, Patubala and Budhu who are plaintiffs no. 7, 8 and 9. Dinanath Char died leaving behind Gour Char (RT) and Gour Char died leaving behind Lalmohan Char who died leaving behind Tulsi Char who is plaintiff no.2. The suit properties mentioned in the schedule of the plaint are Jamabandi plots and the plaintiffs were in peaceful possession thereof. The plaintiffs are residents of village Khamarbad and the plots are in Babudih Mouja. So taking advantage of the absence of the plaintiffs the defendants/appellants who are strong men, captured the plots of the plaintiffs. The plaintiffs have filed Raiyati Eviction Case no. 23 of 2006-07 in the court of Ld. S.D.O., Jamtara on 31/1/2007 which is still pending. Since the defendants have grabbed the lands of the plaintiffs without any valid right, title and interest so they are liable to be evicted. The cause of action arose on 31/1/2007. So the plaintiffs filed this suit in the court, after having no way out, with a prayer to declare their right, title and interest over the suit properties and thereafter to direct the defendants to be evicted from the land and hence this suit.