TULAS KUER Vs. PARSURAM SINGH

JUDGEMENT

(1.) THIS appeal by the defendants -appellants is directed against the judgment and decree dated 13.10.1988 passed by 4th Additional District Judge, Palamau at Daltonganj in Title Appeal No. 73/78 dismissing the appeal and confirming the judgment and decree dated 30.6.78 passed by Additional Munsif, Daltonganj in Title Suit No. 215/68.

(2.) PLAINTIFF -respondents filed Title Suit No. 215/68 against the defendants for declaration that they are raiyats of the suit land and entitled to recover possession and also mesne profits. Plaintiffs' case is that the vendors of the plaintiffs and the defendants are descendants of one Jainath Singh who had 3 sons, namely, Ramlal Singh, Sundar Singh and Shyam Narain Singh. Ramlal Singh had three sons, namely, Damodar Singh, Bhagirath Singh and Jaisar Singh. Sundar Singh had one son Lochan Singh and Shyam Narain Singh had two sons Adhin Singh who died issue -less and Halkhori Singh. Plaintiffs' further case was that Jainath Singh had held Milkiat share and Raiyati land in village Mahuliya which was sold by Jainath Singh during his life time and the land of village Sakaldipi remained in the family of defendant/appellants which was inherited by them. Plaintiff purchased the suit land from Halkhori Singh who was the owner of the suit property and was paying rent to the State of Bihar. However, in the proceeding of 144 Cr.P.C. which was converted into 145 Cr.P.C. Since possession was wrongly decided in favour of the defendants/appellants, the necessity of filing the suit.

(3.) THE main issue that fell for consideration by the trial Court and the Appellate Court was whether suit lands are the raiyati lands of the plaintiffs and they are entitled to recover possession and also whether family of Ramlal and his two brothers Shyam Narain Singh and Sunder Singh were joint. Both the trial Court and the Appellate Court, after considering all the evidence both oral and documentary, recorded finding that the plaintiffs have acquired valid right title and interest in the suit property and they were in possession of the land till initiation of the proceeding under Section 145 Cr.P.C. Accordingly, the suit was decreed.