IMPORTANT POINT
Revenue records do not confer title; ownership must be established through valid documentation and historical possession.

JUDGMENT :

SUBHASH CHAND, J.

1. Heard learned counsel for the appellants and respondent no.1

In Person.

2. The instant appeal is preferred on behalf of the appellants against impugned Judgment dated 13th December, 2022 and decree dated 3rd January, 2023 passed by the learned Civil Judge (Senior Division)-V, Ranchi in Original Suit No.372 of 2018, whereby and whereunder the learned trial court has decreed the suit of the plaintiff.

3. The brief facts leading to this appeal are that plaintiff/respondent no.1 Suresh Nand Tiwary had instituted a suit against defendant nos.1 to 11 and against defendant no.12 as a statutory defendant with these averments that he is an original inhabitant of village Pungi, P.O. Karkara, P.S. Mandar, P.S. No.106 District-Ranchi wherein he has also renovated his native house and landed property situated therein, however, due to the professional busy schedule as one of the leading Advocates, the plaintiff mostly resides in his house Sachindanand Bhawan situated at Mohalla Hehal, (Patwatoli) P.O. Hehal, P.S. Sukhdeonagar, District—Ranchi. The plaintiff also owns and possess ancestral, paternal and self-acquired landed property in the village Pungi with a pucca residential house and orchad over an area of 3.28 acres. The paternal landed property of the plaintiff/respondent no.1 also includes an area of 5.77 acres of land pertaining to Plot Nos.38, 460, 761, 934, 935, 936, 1174, 1299 and 1300 of Khata No.71 in first revisional survey and Khata No.111 under draft of ongoing second revisional survey operation. The details of which is given at the foot of the plaint and referred herein as property in suit. The said lands are the raiyati lands of the plaintiff and he has been in exclusive possession over the same being the sole son of his mother since the year 2010, after her demise. The mother of the plaintiff had purchased an area of 6.43 acre of land out of the total area of 12.43 acre of the said R.S. Khata No.71 by virtue of a registered deed of sale dated 7th April, 1953 which was executed by one Girija Nand Tiwary son of Jagnaresh Nand Tiwary in favour of mother of plaintiff, namely, Bimala Kumari Devi @ Bimla Kumari @ Bimala Kuwari.

3.1 The land of said Khata No.71 was recorded in the first R.S. record of rights, finally published in or around the year 1935 in the names of Manu Oraon and Charwa Oraon both sons of Budhuwa Oraon of village Pungi. However in realization of the survey cost entire area of the said Khata No.71 measuring an area of 12.43 acre were auctioned and soon after final publication of the Khatiyan in Certificate Case No.806 of 1935- 36 and the same was purchased by one Jagnaresh Nand Tiwary son of Late Baldeo Nand Tiwary of village Kandari, P.S. Mandar, District—Ranchi. Accordingly, the sale certificate was granted to the said Jagnaresh Nand Tiwary and in execution of the certificate vide Execution Case No.76/A, the said Jagnaresh Nand Tiwary was put in “Khas” possession thereof through process of law on 10th July, 1936, therefore, all right, title, interest and possession of the two recorded tenants came to an end. The same vested upon the purchaser of said Court sale. The said auction purchaser continued in peaceful possession over entire area of Khata No.71 till his death in or around the year 1939 leaving behind his only one minor male issue, namely Girija Nand Tiwary, who was the vendor of the land which was sold to the mother of the plaintiff and Girija Nand Tiwary succeeded his father and came in possession of entire area of said Khata No.71.

3.2 Indeed taking advantage of Girija Nand Tiwary being minor, the then Maharaja of Chotanagpur, namely, Chintamani Sharan Nath Sahdeo dispossessed Girija Nand Tiwary from the entire area of the land on the basis of false, fabricated and illegal documents in the year 1945. The said Girija Nand Tiwary on attaining majority instituted a regular title suit being Title Suit No.103 of 1951 in the court of Sub-Judge, Ranchi against said Maharaja. This