COMPOTER YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the appellant.

(2.) Learned counsel for the appellants has submitted that though there are concurrent findings recorded by both the Courts while dismissing the suit but the learned Courts have failed to consider that the plaintiffs came in possession of the property by virtue of allotment made by the government which the government acquired by virtue of the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. He submits that the appellants remained in possession of the property but the acquisition of land by the government was held to be illegal. The learned counsel for the appellants has further submitted that the learned Courts have failed to consider the long possession of the appellants over the suit property and that the allocation of land to the appellants by the government was itself in accordance with law and parcha was also granted in favour of these appellants and the right stood crystalized in favour of the appellants.

(3.) After hearing the learned counsel appearing on behalf of the appellants, this court finds that the Title Suit No. 27 of 2000 was filed by altogether five plaintiffs seeking a declaration of adverse peaceful possession of 14 years on the suit land and confirmation of their right, title, interest for suit property in schedule-A claimed to have been perfected through adverse possession and delivery of possession to each plaintiffs be carried out separately by Amin according to their peaceful possession. He submits that substantial question of law be framed on the basis of the aforesaid arguments and the second appeal be admitted for final hearing.