Hemant Kumar Srivastava, J. – Appellant (hereinafter referred to as ‘the plaintiff’ for the sake of convenience) has preferred this first appeal against the judgment and decree dated 21.08.2013 passed by the learned Sub Judge VI, Gaya in Title suit no. 95 of 2011/ 426/2011 by which and whereunder he dismissed the plaintiff’s suit on contest against the respondents (who are hereinafter referred to as ‘the defendants’ for the sake of convenience).

2. Plaintiff filed Title suit no. 426/2011 against the defendants for declaration of her absolute title as owner and occupancy raiyat over RS plot no. 1263 appertaining to RS khata no. 411 area 11¼ decimal land and also for grant of permanent injunction against the defendants.

3. In brief, case of the plaintiff is that she purchased the suit land from one Krishna Chandra Mishra through a registered sale deed dated 06.12.2008. She, further, claimed that the land of CS khata no. 108 containing CS plot no. 412 measuring 3 acres 39 decimal was recorded as Gairmajarua Malick Thekedar land. The ex-landlord settled only 83 decimal land, out of the aforesaid 3 acres 39 decimal of CS plot no. 412 orally accompanied by delivery of possession to Kishun Hajam son of Rangu Hajam and Hukumnama was granted on 12 Asarh 1359 Fasli corresponding to the year 1952. She, further, claimed that several co-villagers also took settlement out of the aforesaid CS plot no. 412 prior to the settlement in favour of Kishun Hajam. The above stated settlee paid rent to ex-landlord and got receipts and after abolition of zamindaris, demand was open in the name of Kishun Hajam who acquired right of occupancy over 83 decimal land on CS plot no. 412 under the provision of Bihar Tenancy Act. However, subsequently, the aforesaid settlee transferred his entire 83 decimal land of CS plot no. 412 in favour of Smt. Moti Devi daughter of Lakhan Raut resident of Mohalla Koeri Bari, Gaya through a registered sale deed dated 20.01.1968 and put Moti Devi in possession of the aforesaid land. The name of the above stated Moti Devi was duly mutated in place of her vendor and she started paying rent to the State Government and in lieu thereof, rent receipts were issued in her favour. Subsequently, Smt Moti Devi transferred only 11¼ decimal land of CS plot no. 412 to one Krishna Chandra Mishra by a registered sale deed dated 15.07.2008 and put him in possession of the aforesaid land. The name of Krishna Chandra Mishra was duly mutated with respect to his purchased land. However, the aforesaid Krishna Chandra Mishra transferred 11 ¼ decimal land of CS plot no. 412 in favour of the plaintiff by executing registered sale deed dated 06.12.2008 and put the plaintiff in possession over the said land. After purchase, the plaintiff got constructed Packka building over her purchased land and started running hotel. The plaintiff, further, claimed that above stated Smt Moti Devi also transferred 9 decimal land of CS plot no. 412 to Pramod Singh and Subodh Singh on 27.12.1978 through a registered sale deed. She, further, claimed that in course of revisional survey, land belonging to Smt Moti Devi was wrongly recorded in khata no. 411 containing RS plot no. 1263 and only 64 decimal area was recorded in RS plot no. 1263 in revisional survey. She, further, claimed that above stated Pramod Singh and Subodh Singh filed Title suit no. 26/2003 in the court of Munsif, Sherghati, Gaya for declaration of their title challenging survey entry of RS plot no. 1263 and the aforesaid suit was decreed on 31.3.2010. She, further, claimed that her husband approached for mutation of her purchased land but her mutation was not entertained on the ground of wrong revisional survey entry and furthermore, the defendants initiated case no. 94/11-12 under the provision of Bihar Public Land Encroachment Act and a notice was served upon the plaintiff on 11.11.2001 which forced her to file title suit against the defendants. She, further, claimed that cause of action arose on 03.10