BISHNU KUMAR AIKAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Plaintiffs are in appeal against dismissal of Title Suit No. 377 of 2007 which was filed for the following declarations:

(2.) The appellants/plaintiffs' case is that they are lawful owner and have possession over the land and building in question standing over M.S. Plot No. 1360, Sub Plot Nos. A, B, C, D and E measuring an area of 2.06 acres under Municipal Holding No. 237 Lalpur, Hazaribagh Road, Ranchi. The said land was originally recorded in the name of Kaviraj Jamni Bhushan Roy in M.S. records of right in 1929 which was purchased by Fanindra Nath Aikat on 27/8/1931, who came in possession over it. Fanindra Nath Aikat gifted the said property on 13/5/1946 in favour of Mrs. Gauri Rani Aikat and she was recognized as settled raiyat and her name was entered in Register II. Gauri Rani Aikat died on 22/7/1975 and her property was inherited by the Plaintiffs. Registered family partition with respect to the suit property also took place on 19/10/1987 and suit property came in their share and they had been paying rent to the State.

(3.) The lawful owners executed power of attorney being nos.1890, 1892 and 1893 dtd. 8/3/2006 in favour of the Plaintiffs. The Plaintiff filed an application for mutation after the death of Mrs. Gauri Rani Aikat which was registered as Mutation Case No.1614R27/2007-08 which was rejected by the Circle Officer, Town Anchal, Ranchi on the ground that it was Khas Mahal lease hold property.