S.N.P.SINGH, S.K.JHA
Garaj Narain – Appellant
Versus
Babulal – Respondent
S.N.P.SINGH, J.
1. The defendant is the appellant before this Court against a judgment of reversal. The trial court had dismissed the respondents suit which has been decreed in appeal by the Lower Appellate Court. The respondent instituted the present title suit for declaration of his title and recovery of possession with regard to survey Plot No. 965, Khata No. 211, corresponding to the revisional survey Plot. No. 344, which is a part of Ranchi town within the municipal area bearing originally municipal holding No. 970, which was converted into holding No. 1130 at the time when the suit was filed.
2. According to the plaintiffs case, the land in question originally was the raiyati holding of one Silas Oraon, and one Gulam Rasul was the landlord of the tauzi in question. It may be stated here that tenancy in such cases was governed by the provisions of the Chota Nagpur Tenancy Act, 1908 . It is alleged that by a registered deed dated 3rd December, 1940, Silas Oraon aforesaid surrendered the holding to Gulam Rasool. This registered surrender deed is Exhibit 4 on the record. Two days later, it is asserted, on 5th December, 1940, Gulam Rasul executed a registred patta (Ext. 5)
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