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1957 Supreme(Pat) 162

KANHAIYA SINGH
Raj Nandan Singh – Appellant
Versus
Ram Kishun Lohar – Respondent


Judgment

Kanhaiya Singh, J.

1. This is an appeal by the plaintiffs from a judgment and decree of the Additional Subordinate Judge, Chapra, dated 30th November, 1951, affirming the decision of the Munsif of the same place dated 23rd December, 1949.

2. The suit related to plot 319 measuring 8 kathas 17 dhurs situate in mauza Rusi. In the re-cord-of-rights this plot has been recorded as ghair-mazrua malik land. To the immediate west of this plot are situate two plots 320 and 321, north to south, which constitute the Sahan of the plaintiffs, and to the adjacent west of this Sahan lies their residential house. I may point out that while the residential house of the plaintiffs is situate in mauza Mairwa the disputed plot along with plots 320 and 321 falls in mauza Rusi.

The plaintiffs claimed title to disputed plot 819 by virtue of a settlement from the landlords. They alleged that they obtained settlement of half of this plot in 1330 fasli (1923) and of the remaining half in 1355 fasli (1948) and obtained possession of the land soon after the settlement. The plaintiffs case further was that subsequent to the settlement the major portion of the disputed plot was brought under cultivation




























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