Ownership of leasehold land requires adherence to laws regarding mutation and cannot be unilaterally terminated without due process.

JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.

1. Plaintiffs are in appeal against dismissal of Title Suit No. 377 of 2007 which was filed for the following declarations:

a. Title over the suit property.

b. Suit property was not the Khas Mahal Lease Hold Property of the Defendant State.

c. Order of mutation passed in Mutation Case No.1614 R 27/07-08 dated 02.08.2007 to be null and void.

d. Perpetual injunction in favour of the Plaintiff and to restrain the defendant from disturbing the peaceful possession of the Plaintiff in view of the lease deed being no.174 dated 04/01/1972.

CASE OF PLAINTIFF

2. The appellants/plaintiffs’ case is that they are lawful owner and have possession over the land and building in question standing over M.S. Plot No. 1360, Sub Plot Nos. A, B, C, D & E measuring an area of 2.06 acres under Municipal Holding No. 237 Lalpur, Hazaribagh Road, Ranchi. The said land was originally recorded in the name of Kaviraj Jamni Bhushan Roy in M.S. records of right in 1929 which was purchased by Fanindra Nath Aikat on 27.08.1931, who came in possession over it. Fanindra Nath Aikat gifted the said property on 13.05.1946 in favour of Mrs. Gauri Rani Aikat and she was recognized as settled raiyat and her name was entered in Register II. Gauri Rani Aikat died on 22.07.1975 and her property was inherited by the Plaintiffs. Registered family partition with respect to the suit property also took place on 19.10.1987 and suit property came in their share and they had been paying rent to the State.

3. The lawful owners executed power of attorney being nos.1890, 1892 and 1893 dated 08.03.2006 in favour of the Plaintiffs. The Plaintiff filed an application for mutation after the death of Mrs. Gauri Rani Aikat which was registered as Mutation Case No.1614R27/2007-08 which was rejected by the Circle Officer, Town Anchal, Ranchi on the ground that it was Khas Mahal lease hold property.

4. It is case of the plaintiff that the suit land was not Khas Mahal land. It is averred that lease deed was not executed by the State with regard to K.M. Plot No.38, 39 corresponding to M.S. Holding No.103 not with reference to M.S. Plot No.1360 and Holding No.237 as the particulars of property for which application for mutation was filed, does not tally with the said lease hold property. It is case of the plaintiff that the said lease deed does not bear any recital as to how and when the said property was acquired by the State.

CASE OF STATE

5. Land in question was not Raiyati land of the plaintiffs, rather it was a lease hold right which was initially leased out to the Plaintiff. Lease was with respect to M.S. Plot No.1360 corresponding to Khas Mahal Plot Nos. 38 and 39 leased out for 30 years on 29.09.1904 by the Secretary of the State India in Council in favour of Nibaran Chandra Gupta and thereafter, the lease was transferred to Fanindra Nath Aikat on 27.08.1931 with the permission of Deputy Commissioner, Ranchi and it was renewed on 8th April, 1946 for 25 years till 31st March, 1966. The said Fanindra Nath Aikat after obtaining permission from Deputy Commissioner, Ranchi vide Case No.206/R-08 of 45/46 transferred the lease hold land by way of gift to his wife namely Smt. Gouri Rani Aikat and it was renewed upto 1996 vide registered deed of lease in 1972. It is further pleaded that after 1966, the lease was renewed in 1972 till 1996.

6. The land in question is lease hold property and was Khas Mahal property, as such the plaintiff had no right, title over the suit property. After gift of the lease hold land by Fanindra Nath Aikat on 13.05.1946