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MUNGESHWAR SAHOO
Shanti Devi – Appellant
Versus
Awadh Kishore Trivedi – Respondent
Mungeshwar Sahoo, J. – The defendant has filed this second appeal against the Judgment and Decree dated 11.12.1990 passed by the Special Judge, Gaya in Revenue appeal No.7 of 1987 whereby the lower appellate Court dismissed the appeal and thereby confirmed the Judgment of the trial Court dated 23.2.1987 passed by Revenue Officer, Gaya in suit No.5711 of 1981.
2. The plaintiffs-respondents filed the aforesaid suit before Revenue Officer under Section 106 of the Bihar Tenancy Act for correction of the Revenue record regarding the suit property measuring 28 decimal. The plaintiff’s case in short is that the suit property was settled by the ex. landlord in favour of the father of the plaintiff. After settlement, Parwana was issued and rent receipt were also issued. After vesting of Jamindari, the father of the plaintiff was mutated in the State of Bihar and was obtaining rent receipt. Subsequently, their father gifted the property to the mother of the plaintiff. Since after gift the Jamabandi is in the name of the mother. However, in the recent survey, instead of recording the name of the plaintiff, the suit land has been recorded wrongly in the name of the defendants but the plaintiffs
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