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1984 Supreme(Pat) 359

S.ALI AHMAD
Mangninath Tiwary – Appellant
Versus
Phool Mohammad Dhobi – Respondent


Judgment

1. The plaintiff-respondents filed a suit for declaration of title with respect to Plot No. 3136, Khata No. 592 situate in village Balia within Goriyakothi police station in the district of Saran. According to the plaintiffs case, one Madar Dhobi was the raiyat of the suit land under the tenure holders. When their intermediary right vested in the State of Bihar, they filed returns under the Land Reforms Act showing it to be their Bakast land. Subsequently rent was settled in their favour. Thereafter, the plaintiffs, who are descendants of Madar Dhobi filed an application praying that rent should be fixed in their names. The Deputy Collector, Land Reforms, refused their prayer saying that the order passed in favour of the plaintiffs cannot be revised. The plaintiff-respondents, therefore, filed a suit for declaration that the disputed land is their raiyati land and the defendants have no right in the same. Another declaration that was prayed for was that the fixation of rent in favour of the defendants was illegal and the order to that effect passed by the Deputy Collector was against law.

2. The suit was contested by the defendants. Their case, inter alia, was that the name




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