GHAMAN SAHU Vs. RAM DEO SINGH

JUDGEMENT

(1.) This First Appeal arises out of a judgment and decree dated 30th April, 1985, pasted by Sri Birjo Kandir, 1st Additional Subordinate Judge, Hazaribagh, in Title Suit No. 93 of 1979, whereby and whereunder the said learned court decreed the plaintiffs-respondents' suit.

(2.) The plaintiffs "filed the aforementioned suit for declaration of their raiyati right in respect of the suit properties and further for a declaration that the State of Bihar is bound to recognize the same and the action of the State of Bihar in derecognizing the plaintiffs' raiyati right is incompetent and illegal and further for a decree for confirmation of possession in respect of the properties described in Schedule A of the plaint or in the alternative for a decree for recovery of possession by evicting defendant Not. 1 and 2 therefrom.

(3.) The plaintiffs filed the aforementioned suit, inter alia, on the ground that the lands in suit being plot Nos. 9,135 and 137 appertaining to khata No. 3 of village Bigha were recorded as Gairmajarua Khas in the name of the ex-landlord Raja Ram Naraiyan Singh, grand father of Raja Bahadur Kamakhya Narayan Singh. In the year 1938, plaintiff No. 1 being a settled raiyat of the village, took verbal permission of Raja Bahadur Kamakhya Naryan Singh to reclaim the aforementioned land and the said plaintiff, allegedly commenced reclamation thereupon and in course of two years, he put an embankment and converted a portion of the said land into tani land,