RAM NANDAN SINGH Vs. THANSA BHUIYAN

JUDGEMENT

(1.) THIS second appeal by the plaintiff-appellant is against the judgment of reversal.

(2.) PLAINTIFF-APPELLANT's suit for declaration of title and recovery of possession being Title suit No. 26 of 1986 was decreed by Munsif, hazaribagh in terms of judgment dated 12th may, 1988. However, in appeal filed by the defendant-respondents being Title Appeal no. 68 of 1988, the 2nd Additional District judge, Hazaribagh being the appellate court, in terms of the judgment and decree dated 1-9-1990 reversed the finding recorded by the trial Court and allowed the appeal, thereby set aside the judgment and decree passed by the trial Court.

(3.) THE plaintiffs case, inter alia, is that repurchased 4 decimals of land under Plot no. 239 of Khata No. 661 of village Noora, ps-Sadar, District-Hazaribagh from the defendants-respondents through a registered sale deed dated 25-8-1980 for a consideration of Rs. 1000/ -. After purchase, the plaintiff was put in possession of the land. The plaintiff thereafter applied for mutation of the land in his name in Khas Mahal office which was allowed and rent-receipts were issued in favour of the plaintiff in respect of the suit land. The plaintiff also got the land entered into register of Municipality in his name and started paying rent and taxes. Plaintiffs further case is that on 1-11-1985 when he went to Patna after locking the hut, the defendants at the instigation of the enemies of the plaintiff, occupied the hut forcibly. On return from Patna, the plaintiff alleged to have protested which finally resulted that on 21-3-1986 the Circle officer and B. D. O. , Hazaribagh came to the tea-stall of the plaintiff and demanded to see the sale deed, rent receipt, etc. , which were produced by the plaintiff and taken away by those Officers. The plaintiffs further case is that on 1-2-1986 when he went to the aforesaid officials to take back the papers, the Circle Officer with the help of five musclemen compelled him to sign a sada paper of relinquishment of his claim from the land and the hut, which necessitated him for filing the instant suit.