ANAND RAI Vs. SRIMATI SITA DEVI

JUDGEMENT

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

(2.) THE plaintiff -respondent filed Title Suit No. 08 of 1977 for a declaration that the post of Chaukidar is hereditary and that the order dated 6.10.1969 passed by the Sub Divisional Officer, Jamtara appointing Ratan Rai as Chaukidar is illegal and not binding on the plaintiff. The plaintiff further sought a relief for a decree of recovery of possession of the suit land which is in possession of the defendant allegedly as a trespasser.

(3.) THE defendant -appellant contested the suit by filing written statement The case of the defendant -appellant is that when Bihari Rai, father of the plaintiff, became physically unfit to render the services as Chaukidar, he was duly appointed as Chaukidar of village Saluka by S.D.O., Jamtara by order dated 6.10.1969 passed in Chaukidari Saha No. 35 of 1969. Defendant's case is that Ratan Rai came in possession of the land after his appointment as Chaukidar. According to the defendant, the post of Chaukidar is not hereditary and the plaintiff cannot claim any right to the post of Chaukidar. The defendant has also prayed that his possession of the suit land cannot be said to be that of trespasser because he is performing the duty of Chaukidar.