The court affirmed the plaintiff's title to land acquired under the Land Acquisition Act, rejecting the defendants' adverse possession claims and validating the lease agreements under the Transfer of Property Act.

JUDGMENT :

(Sanjay Kumar Dwivedi, J.)

Heard learned counsel for the appellants.

2. This second appeal has been preferred against the judgment of affirmation dated 27.05.2024 and the decree following thereupon drawn up on 06.06.2024 by learned Principal District Judge, East Singhbhum, Jamshedpur in Civil Appeal No. 56 of 2009 whereby said appeal filed by the original defendant no.1 has been dismissed upholding and confirming the judgment dated 14.10.2009 and decree dated 06.11.2009 passed by the learned Sub-Judge-V at Jamshedpur in Title Suit No. 123 of 1987 and also against the judgment dated 14.10.2009 and the decree dated 06.11.2009 passed by the learned Sub-Judge-V at Jamshedpur in Title Suit No. 123 of 1987 whereby the said suit filed by the respondent no.1 herein, was decreed on contest with cost against the original defendant no.1 was ordered.

3. The case of the plaintiff/ Principal respondent No. 1 in short is that the land in R.S. Plot no. 401 and 416 alongwith other lands were acquired before the Revisional Survey Settlement, 1937 by the then Provincial Government under the provisions of the Land Acquisition Act. During the R.S. settlement of 1937 the lands in R.S. Plot no, 401 accordingly came to be recorded in the name and possession of the plaintiff i.e. Tata Iron and Steel Company Limited (TISCO) in R.S. Khata as its khas vacant land. During 1937 Survey the R.S. Plot no. 416 along with other plots happened to be recorded in the name of Late Makar Majhi in R.S. Khata no. 30 as tenant under the plaintiff. The plaintiff again regained possession of the aforesaid land in R.S. Plot No. 416 alongwith plot no. 417 in Rent Execution Case No. 436 of 1939-40 in execution of Certificate of Sale by the Rent Suit Dy, Collector Jamshedpur. The plaintiff has regained possession of all the other lands of R.S. Khata no. 30 by virtue of registered Deed of Surrender dated 11/03/1943. The plaintiff has been in possession of the aforesaid plots by leasing out to different persons and by constructing roads, sewer lines, electric lines and portions of the same have been continuing in vacant possession of the plaintiff awaiting further development. Under the provisions of Bihar Land Reforms Act, 1950 as amended from time to time, the aforesaid lands in R.S.Plot Nos.401 and 416 along with other lands vested in the State of Bihar, the Proforma Defendant/ Principal Respondent no.-2 absolutely and free from all encumbrances with effect from 1.1.1956. Further case of the plaintiff is that by virtue of registered Lease dated 1.8.85 executed by Proforma Defendant/ Principal Respondent no.-2 in favour of the plaintiff, the aforesaid lands being held by the plaintiff as Lessee under the Proforma Defendant/Principal Respondent no.-2, the absolute owner thereof and before the expiry of deed of lease dated 01-08-1985 the plaintiff has exercised its option for renewal of lease for the further period of 30 years with effect from 01-01- 1996 in terms of clause (XI) of the deed of lease vide its letter dated 03- 08-1995 addressed to the Deputy Commissioner East-Singhbhum Jamshedpur and even after expiry of aforesaid lease deed dated 01-08- 1985 the plaintiff company has been regularly paying rent to the state of Bihar, and in terms of the aforesaid lease, the state of Bihar has also been accepting the rent deposited by the plaintiff company in respect of the lease land including suit land. During the pending survey settlement, Which commenced in 1970, portions of lands in R.S .Plot No.401 have Come to be demarcated as new Plot No. 982 and portions of land in R/S. Plot Nos.401 and 416 have come to be demarcated as new Plot Nos.983, 984, 985. An attempt to grab portions of khas vacant lands in possession of the plaintiff, the Principal Defendant No.1 lodged a station diary with Sonari Police with all false allegations and in collusion with them got Misc. Case No.517 of 1979 started against the plaintiff and Principal Defendant Nos. 2 & 3, U/s 144/145 Cr.P.C