GOVIND YADAV Vs. DEOKI DEVI

JUDGEMENT

(1.) This appeal by defendants 1 and 2 arises out of a judgment and decree of the 4th Additional District Judge, Monghyr by which the learned Additional District Judge has reversed the judgment and decree of the trial Court and decreed the suit brought by the respondents in this Court for declaration of title to, and recovery of possession over 7.5 acres equal to 8 bighas, 11 kathas 17 dhurs of land comprised in survey Plot No. 491 of Khata No. 676 of village Hathband in the District of Monghyr fully described in Schedule III to the plaint of the suit out of which this appeal arises.

(2.) The aforesaid Survey Plot No. 491 is a very large plot of land and admittedly 20 bighas, 17 khatas 19 dhurs specified in Schedule II to the plaint out of the aforesaid Survey Plot No. 491 was sold to the original plaintiff No. 1 Keshav Yadav under a registered sale deed dated 30-5-1940 executed by one Gopi Nath Bose who had purchased Khata No. 676 at an auction sale in execution of a decree for arrears of rent obtained against the recorded tenants. Keshav Yadav was mutated in the landlord's 'sherista' and admittedly was in possession of the aforesaid 20 bighas 17 khatas and 19 dhurs of land till 1936 in which year the Court of Wards which was incharge of the Bahadurpur Estate, within which the holding of Keshav Yadav was comprised, got the entire holding of Keshav Yadav detailed in Schedule II of the plaint auction sold in execution of a certificate obtained against Keshav Yadav for arrears of rent of those lands. Keshav Yadav, thereupon filed a petition before the Collector for restoration of the holding aforesaid. This application was filed under Section 3 (1) of the Bihar Restoration of Bakasht Lands and Reduction of Arrears of Rent Act, 1938 (hereinafter referred to as the 'Act'). Section 3 (1) of the Act provides :

(3.) I should state at this stage that Section 6 of the Act specifies the grounds on which the landlord may object to the application for restoration of the raiyat under Section 3 (1) of the Act, The relevant ground is contained in Section 6 (1) (d) of the Act which runs as follows:--