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1970 Supreme(Pat) 61

U.N.SINHA
GOURISHANKAR GANEBIAWALA – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates:
Advocate Appeared:
Messrs S. K. Jha and Surendra Narain Jha for the Petitioners; Messrs Yogendra Mishra and Shreenath Singh (S. C. No.1) for the Opp. Party.

JUDGMENT

This application has been filed by the plaintiffs and it is directed against an order passed by the trial court on the 25th June, 1969 adding a certain number of intervenor defendants at their request.

2. Originally the plaintiffs had impleaded only the 'State of Bihar as the sole defendant. In substance, the plaintiffs suit was based on the allegations made in Paragraph 14 of the plaint, which are as follows : It is alleged therein that in the recent survey settlements the lands of Tola Garrabasa, including the lands of revisional survey plot no.1961 and revisional survey plot no. 1843, were split up into 190 small plots and out of them 171 plots, mentioned in Schedule B of the plaint, were erroneously recorded in the name of the State of Bihar as "Anabad Bihar Sarkar" in Khata no.1 of village Jugsalai. The plaintiffs alleged that the lands in khas possession of their parents bad been wrongly recorded as in their illegal possession (Abaidh Dakhal) and the lands in possession of the monthly tenants of the plaintiffs had been wrongly recorded to be in illegal possession of the respective monthly tenants. On these allegations the plaintiffs have prayed for a declaration that t





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