Judgment

SIKRI, J. : One Mohd. Mir Khan brought a suit in the Court of the Munsif Aurangabad against a number of persons for a declaration that 8 bighas of land under Khata No. 22, situate at Mauza Gopalpur, Dist. Gaya, constituted the bakasht interest of the plaintiff, who had been in possession and occupation thereof, and he prayed in the alternative that if in the opinion of the Court the plaintiff be deemed to have been dispossessed from the suit land under S.144 (Cr. P.C.), in that case, the plaintiff may be put in sir possession thereof on dispossession of the defendants and a decree for future mesne profits from the date of dispossession till the date of realisation, may also be passed in favour of the plaintiff. He alleged in the plaint that the said sir land had been in sir possession of the plaintiff and 9.81 acres (including the said 8 bighas) is recorded in the Record of Rights, i.e., Survey Khaitan, as the bakasht land of the plaintiff. He further alleged that he had sown scads in two bighas in the month of Asadh 1353, when defendants 2, 3 and 5 interfered with his possession. Proceedings under S. 144, Cri. P.C., were started which resulted in a decision against him.