Civil courts have jurisdiction to adjudicate disputes over land title and possession, even when statutory provisions suggest exclusion, provided the essential elements of claims are proven.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard the arguments of learned counsel for the appellants and learned counsel for the respondents.

2. The instant second appeal is preferred being aggrieved and dissatisfied with reversal of judgment and decree passed by the District Judge, Lohardaga in Title Appeal No.03 of 2002 whereby and whereunder the judgment and decree passed in Title Suit No.35 of 1996 dated 12.09.2001 dismissing the suit of the plaintiff, has been reversed and decreed.

3. The factual matrix giving rise to this appeal is that the original plaintiff, Budhwa Lecha Oraon instituted the Title Suit No.35 of 1996 before the court of Civil Judge Jr. Division, Lohardaga claiming relief(s) for adjudication of right, title and interest over the suit land and to declare the order dated 10.01.1985 passed by the Anchal Adhikari, Kisko in Tana Bhagat Land Restoration Case No.1 of 1982-83, is illegal and without jurisdiction. The plaintiff has further prayed for declaration that neither the defendant No.1 nor his ancestors were Tana Bhagat and they never took part in freedom movement. The plaintiff has further claimed relief for recovery of possession of the suit property ejecting the defendant No.1 through process of the court along with cost of the suit.

4. According to the plaintiff, lands pertaining to C.S. Plot No.287 under C.S. Khata No.4 of village Jogiyara held and possessed by one Khakhu Sahu and recorded in his name. The said Khakhu Sahu died leaving behind his son Haudan Sahu. It is further alleged that R.S. Plot Nos.408, 409, 485 and 486 and R.S. Khata No.56 have been carved out from C.S. Plot No.287 and recorded in the name of Haudan Sahu. By way of amendment in the plaint, it was further added that at the time of C.S. operation, C.S. Plot No.287 was being cultivated by one Ludra Oraon, son of Faudha Oraon as adhbataidar of Khakhu Sahu, hence, Dar Raiyati C.S. Khata No.7 was prepared under C.S. Khata No.4 in the name of Ludra Oraon and C.S. Plot No.287 was recorded under Dar Raiyati Khata No.7.

5. It is further alleged that both Ludra and Khakhu Sao died, thereafter, the possession was recorded in the name of Haudan Sahu, son of Khakhu Sao. It is further alleged that in the year 1955, the family arrangement took place between Haudan Sao and his sons in which the suit lands were exclusively allotted to Radha Prasad, who sold the suit land to the plaintiff through registered sale deed dated 08.05.1962 and delivered the possession. The name of plaintiff has been mutated in revenue record and he is paying rent to the State of Bihar.

6. The defendant No.1 and his ancestor had no right, title and interest over the suit land. The defendant No.1, since 1976-77, in order to grab the suit lands along with other lands started posing himself as Tana Bhagat and filed an application under Section 7 1-A of C.N.T. Act for restoration of 16 plots of land of R.S. Khata Nos.7, 21, 37, 56 and 57 of village Jogiyara, which was rejected by L.R.D.C, Lohardaga in S.A.R. Case No.78 of 1975.

No appeal was preferred against the said order, but another restoration case being S.A.R. Case No.14 of 1976-77 was filed, which was again rejected vide order dated 15.09.1976. Thereafter, an appeal being Revenue Appeal No.110 of 1976-77 was preferred which was also dismissed and against the dismissal of order of the Revenue Appeal, a Revenue Revision No.287 of 1977 was filed by the defendant No.1, which was remanded for further enquiry and disposal vide order dated 08.03.1980. Accordingly, restoration order under section 71 (A) of C.N.T. Act was passed by Additional Collector Ranchi on 19.08.1981 in respect of 27 plots of lands. The said