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1983 Supreme(Pat) 31

UDAY SINHA
Karunamoy Dutta – Appellant
Versus
State Of Bihar – Respondent


Judgment

Uday Sinha, J.

1. This is an appeal by the plaintiffs against a judgment of affirmance.

2. The plaintiffs filed suit for declaration of title and confirmation of possession as also for declaration that survey entry in regard to the lands in suit was incorrect. The lands in suit originally formed part of plot 2 within khata 25 in village Genrua within Patawala police station in the district of Singhbhum. This was a large plot measuring more than 100 bighas. Revisional survey in regard to these lands took place in 1964. In that survey old plot 2 was split into several parts, Three of them were plots 9, 10 and 1042. The plaintifft claim (sic)title and possession over 3.60 acres in plot 9, 0.10 acre in plot 10 and 3.80 acres in plot 1042. The total of the lands in suit is 7.50 acres. The boundaries of the lands in suit as mentioned in the plaint are as follows:

North: Tisco land

South : Land of Sahdeb Das and others.

East : Pahar (Bihar Sarkar Forest Department),

West : Tisco land.

3. The case of the plaintiffs is that Mahendra Nath Das, the ex-landlord settled 15 bighas of land out of plot 2 with Sudbamoy Dutta and Dhrubmoy Dutta in 1342 B.S. which is equivalent to 1939. After

















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