AMBIKA PRASAD THAKUR Vs. RAM EKBAL RAI DEAD

JUDGEMENT

(1.) THE following Judgment of the court was delivered by :

(2.) CIVIL Appeals Nos. 4,3.5 to 436 of 1959 are appeals, which arise out of Title Suit No. 10 of 1942 of the court of the First Subordinate Judge of Arrah and F. A. Nos. 119 and 192 of 1948 of the High court of Patna. The plaintiffs claim recovery of possession of lands measuring 614 bighas 12 kathas 16 dhurs in village Dubha Taufir appertaining to Bheria Mahal Tauzi No. 1298 in the District of Shahabad. The revisional survey of 1937 showed that the area of Dubha Taufir then was 738 bighas 17 dhurs. Two strips of Dubha Taufir measuring about .3.5 and 77 bighas respectively are not the subject-inatter of the suit. The claim in this suit is in respect of the remaining portion of 614 bighas 12 kathas 12 dhurs.

(3.) THE case of the plaintiffs finally put forward in this court is that between 1845 and 1863 Dihal Thakiir, the common ancestor of the plaintiffs and defendants 3rd party held all the frontier plots of village Dubha as occupancy tenants under Dumraon Raf and by Cl. (1) of S. 4 of Reflation XI of 1825 acquired occupancy tenancy rights in the entire Dubha Taufir accreted in front of his plots between 1845 and 1863 and thereafter, and his rights in the Taufir lands devolved upon the plaintiffs' and the defendants 3rd party jointly. THE plaintiffs claim exclusive title to occupancy rights in the entire Dubha Taufir under alleged oral arrangements with the Dumraon Raj. Though they disclaim title by adverse possession. they claim before us title as occupancy tenants by virtue of their alleged occupation of the Taufir lands, THEy allege dispossession on 27/05/1940 within 12 years of the suit. THE contesting defendants dispute the plantiffs' title, and also contend that tlie suit is barred by limitation.