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2005 Supreme(SC) 1922

ASHOK BHAN, A.K.MATHUR
Alizan Mian – Appellant
Versus
Naro Dusadh – Respondent


JUDGMENT :

Ashok Bhan, J.

Aggrieved against the judgment of confirmation passed by the High Court of Patna, Ranchi Bench (as it then was) in Appeal from Appellate Decree No. 123/81(R), one of the plaintiffs-appellants (hereinafter referred to as "the appellant") has filed the present appeal.

2. According to the appellant, his ancestor Hari Mian had acquired the suit land, namely, Plot No. 1343 measuring .53 acre comprising Khata No. 9 in village Dasaro-Khurd as "raiyati" on rent of 8 anas (50 paise). That the defendants-respondents (hereinafter referred as "the respondents") wanted to disturb their possession on the plea that the land had been entered in the name of the respondents in the revenue record during the recent survey operations. On verification, the appellant found that the respondents had surreptitiously got the land entered in their names under the survey operations.

3. According to the appellant, entries in the khatian, i.e. Revenue record in the survey operation, was a mistake as the Authorities had entered the respondents as "raiyatis" without due verification. That the entries made in the survey operation were not binding on the appellant. The appellant filed the suit

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