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IN THE HIGH COURT OF JUDICATURE AT PATNA
RUDRA PRAKASH MISHRA
Pashupati Nath Joshi S/o Late Kedar Nath Joshi – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RUDRA PRAKASH MISHRA, J.
1. The present First Appeal has been preferred against the order dated 24.06.2017, passed by the learned Subordinate Judge (Senior Division), Kahalgaon, Bhagalpur in Title Suit No. 122 of 2015, whereby the said suit, while hearing on the point of admission, has been rejected.
2. The facts of the case, in brief, are that the plaintiff-appellant instituted the suit for declaration of title against the State of Bihar in respect of 21 acres 90 decimals of land appertaining to Plot No. 480 under Khata No. 284, situated at Mauja–Kasba, P.S. Kahalgaon, District Bhagalpur. The case of the plaintiffs is that the suit land originally belonged to ex-landlord Surya Mohan Thakur, who settled the same in favour of Kedar Nath Joshi by Raiyati Kabuliyat (Hukumnama) dated 31.12.1925 and delivered possession, thereafter continuing to realise rent and grant rent receipts in his favour. It is further stated that at the time of vesting of Zamindari in the State of Bihar, the ex-landlord submitted returns wherein the land was recorded in the name of the said raiyat, and accordingly the estate vested in the State. The plaintiffs further assert that having remained away fr
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