- (1.) This appeal by special leave arises from the judgement of the single Judge of the High Court of Patna, made on April 27, 1979 made in S. A. No. 326/1978 dismissing the appeal in limine.
(2.) The respondent - plantiff laid the suit for declaration of title to 3 bighas and six kathas of land bearing Plot No. 235 and 243 in Khata No. 952 situated in Mauza Nainijore Pachhim Diara, Police Station Brahmpore, District Bhojpur.
(3.) The admitted position is that the respondent had purchased the land on Mary 23, 1957 for a sum of Rs. 82.2 annas from the Raja Dumraon Raj. Proceedings under Section 145 of Cr. P.C. were initiated in which it was held that the appellant was found in possession of the land. Consequent thereto, the above declaratory suit came to be filed by the respondent. It is the case of the appellant that he has been in possession of the land as a lessee since the year 1925.The trial Court accepted his contention and recorded a finding as under: "These own documents of the Dumraon Raj clearly show that the defendant has been in possession over the suit land as a raiyat since 1925. The defendant has also filed the original Khatiswani of the year 1350 fasli prepared by Dumraon Raj which also finds the name of defendants ancestor over the suit land. Ex. C. is the Jamabandi Register of the Dumraon Raj which also has the name of defendants ancestor over the suit Khata No. 91.Thus, the above documents of the defendant clearly prove that the suit land was never the proprietors Zeerat land and was never in Khas possession of Dumraon Raj. Rather these documents show that the Defendant has been in possession of the suit land as a raiyat." ;