JUDGMENT :

This First Appeal has been filed by the Defendants-appellants against the judgment dated 02.08.1995 passed by Sub Judge II, Naugachia in Title Suit no. 19 of 1988, whereby the suit was decreed on contest against the defendants for the reliefs as sought declaring that the plaintiffs have right, title and interest in the suit land and that the lands were neither donated to the Bhoodan Yagna committee, nor the same was validly confirmed. It has further been declared that the Bhoodan yagna committee had no right to make any settlement of the suit land with the members of defendants 2nd party. The survey records of right prepared in their names with respect to the land of Schedule II is incorrect and without jurisdiction.

2. The plaintiff-respondent 1st set has filed the suit for declaration that Giribar Prasad Singh or his heirs had no right to donate the lands being 13 bighas, 13 katha, 11 dhurs and 10 dhurki of plot no. 3827 of Mouza-Pratap Nagar, as described in Schedule -I of the plaint, to the Bihar Bhoodan Yagna Committee. The plaintiffs sought further declaration that said committee never settled any land of Schedule-II which is part of Schedule-I land to defendant 2nd party nor did they acquire right, title and interest in the aforesaid land. The plaintiffs have prayed for decree of declaration of their title to the aforesaid land and for the declaration that survey record of right prepared in the name of defendants is incorrect.

3. The case of the plaintiffs’ as per plaint, in short, is that the land of CS khata no. 1596, was a Gair Majaruwa Malik land appertaining to Tauzi no. 4318. Babu Hanuman Prasad Singh and Babu Gajadhar Prasad Singh were two Zamindars of this Tauzi having equal shares. They were in possession of their share. They settled the land of Schedule-I with the plaintiffs in 1346 Fasli i.e. the year 1939 orally and put them in possession of the said land. The Zamindars also granted Parwangi in proof of the settlement and the plaintiffs remained and continued in possession of the same.

4. The further case of the plaintiffs is that after vesting of zamindari they submitted return of the said land in favour of plaintiffs. The State of Bihar has accepted the plaintiffs as Raiyat and opened Jamabandi in their name vide Jamabandi no. 90 in Register-II and granting rent receipts.

5. Further case of the plaintiffs is that the defendant 2nd party (appellants) are threatening them to dispossess from the aforesaid suit land. They are laying claim on the basis that heirs of the ex–landlord had donated the land to the Bhoodan Yagna Committee in 1956-57. The said committee had settled the land of Schedule-II to them separately.

6. The plaintiffs have further stated in the plaint that the ex-landlord had no right to make any donation to the Bhoodan Yagna Committee nor the Bhoodan Yagna Committee had right to settle the land to the defendants 2nd set. The defendants second set after bringing the Amlas of the survey in their collusion got prepared the record of right in their name which is incorrect and without jurisdiction.

7. The plaintiffs have also averred in the plaint that defendants 2nd set threatened on 21.04.1987 to interfere with the peaceful possession of the plaintiffs. They gave notice to them through their lawyer and thereafter filed the instant suit.

8. The defendant nos. 5, 12A, 12B have filed separate written statement and have admitted the case of the plaintiffs.

9. The common written statements have been filed by defendant nos. 3,7,8,9, 10 and 12. They have contested the claim of the plaintiffs, and stated that 50 bighas of land, appertaining to plot no. 3827 was donated to the Bhoodan Yagan Committee in the year 1953 by landlord Giribar Prasad Singh and seven others and Daan Patra was confirmed by the Revenue Authorities in the year 1957-58. The Bhoodan Yagan Committee distributed the land to these defendants as mentioned in detail in the written statement.

10. It is pertinent to mention here that after