Decided on July 30,1952

JAGDEO SAO Appellant


Rai, J - (1.) THIS appeal by the judgment-debtors is directed against the order dated 29-11-1951 passed by Mr. C.M. Prasad, Additional Subordinate Judge, fifth Court of Patna.
(2.) IN order to appreciate the points raised at the bar it is necessary to give some relevant facts of the litigation out of which the present appeal arises. The decree-holders-respondents filed Title Suit No. 127/6 of 1949/1951 for declaration of their title to and recovery of possession of 32.84 acres; of land appertaining to khata No. 584 in village Daxilatpore Basa-wanbigha bearing tauzi No. 964 of the Patna Collectorate. The plaintiffs claimed the land as their bakasht while the defts. claimed different areas out of the area in dispute as the lands settled with them for cultivation from time to time of which they were entitled to remain in possession. The trial Court decreed the suit holding that the lands in dispute were really the bakasht lands of the plaintiffs and the defendants had acquired no right to remain in possession of the same. The relevant portion of the judgment of the trial Court dated 27-11-51 ran as follows: "The whole case of the defendants regarding settlement, possession and grant of receipts is so full of material discrepancies and glaring contradictions that it cannot be accepted for a moment. I have no hesitation in holding that the purja receipts, Exts. C series, were fabricated at the instance of the tenant-defendants for the purpose of this litigation. The evidence on the record proves that with the advent of the new Bakasht law there was a ferment in the tenant world and they were imbued with the idea of grabbing the Bakasht lands of the landlords."
(3.) THE order portion of the judgment ran thus: "Hence, it is ordered that the suit be decreed on contest against defendants 1 to 17 and ex parte against the rest with costs payable by the contesting defendants. Pleaders' fee at 10 per cent.";

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