S.A.No.171 of 2012

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No.171 of 2012

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(Against the judgment dated 18.08.2012 {decree signed on

31.08.2012} passed by learned District Judge-I, Chatra, in Title

Appeal No.33 of 2004)

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1. (a) Chandra Shekhar Lal Gupta

1. (b) Vivekanand Gupta

1. (c) Raj Kumar Gupta

1. (d) Pradip Kumar Gupta

1(a) to 1(d) all sons of Late Sheo Narayan Gupta, R/O

Gandauri Mandir Chatra, P.O., P.S. and District- Chatra.

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…. Plaintiffs / Appellants /Appellants

Versus

1. Union Government of India, through Chief Secretary, Central

Government, at New Delhi, P.O. and P.S. New Delhi.

2. State of Jharkhand through the Deputy Commissioner, Chatra,

P.O. & P.S. Chatra, District Chatra.

3. Postal Superintendent of Hazaribag, P.O. & P.S. Hazaribag,

District Hazaribag.

4. Postal Inspector, Chatra, P.O. & P.S. Chatra, District Chatra.

5. Kamal Kishore Lal Gupta.

6. Dilip Narain Lal Gupta

Both sons of Late Nand Lal Gupta.

Both resident of Chatra, Ward No.3, Post Office, Police Station

and District Chatra.

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…. Defendants / Respondents / Respondents

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For the Appellants

: Mr. Yogendra Prasad, Advocate

For the Respondents

: None

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P R E S E N T

HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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S.A.No.171 of 2012

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By the Court:-

Heard the learned counsel for the appellants.

2.

This Second Appeal under Section 100 of the Code of Civil

Procedure has been preferred against the judgment and decree dated

18.08.2012 passed by learned District Judge-I, Chatra, in Title Appeal

No.33 of 2004 by which the learned first appellate court dismissed the

appeal and did not find any error in the impugned judgment and decree

dated 30.04.2004 passed by Munsif, Chatra in Title Suit No.13 of 1994.

3.

The brief facts of the case is that the plaintiff/appellant filed the suit

for declaration of title and possession over the suit land i.e. Schedule ‘B’

land and the also prayed for confirmation of possession over the suit land.

Further, the plaintiffs prayed for a decree of the permanent injunction to

be passed in favour of the plaintiff to restrain the defendants not to

interfere with the peaceful possession over the suit land along with the

cost of the suit and other reliefs.

4.

It is the case of the plaintiff that as his ancestors possessed the suit

land consequent upon the ex-landlord being the Raja of Ramgarh has

settled the suit land in favour of Gandauri Sao- the ancestor of the plaintiff

and in token of settlement issued a ‘Sanad’ which was marked Ext. 4. Rent

receipts were also issued. The daughter of Gandauri Sao namely Payar

Kumari used to look after him. Gandauri Sao executed a registered

Hibanama on 29.07.1838 by which half of the income and property was to

be appropriated by Payar Kumari for maintenance of the three Gandauri

Temples and the remaining half share should be appropriated for the

maintenance for Payar Kumari. Payar Kumari accepted the Hibanama.

Payar Kumari died leaving her only daughter Montor Kumari who

inherited the property of Payar Kumari. After her marriage Montor

Kumari gave birth to Mohan Lall and after the death of his parents,

Mohan Lall came in possession over the entire suit property. Mohan Lall

constructed a Katcha Khaporposh house in the south-east portion of the

boundary wall of Gandauri temple in the year 1910 for his own purpose.

The Postal Department approached Mohan Lall to give the said house on

rent for post office and Mohan Lall gave the said house measuring about 7

decimals to the Post Office. In the survey settlement operation in the year

S.A.No.171 of 2012

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1912 at Chatra, no Khatiyan was prepared for Gandauri mandir and its

surrounding area because the same had fallen within Chatra Municipality.

Subsequently, the house became dil