GURUSHARAN SHARMA,J. - (1.) PLAINTIFF filed suit for declaration of his raiyati occupancy right over the land, detailed in Schedule A to the plaint, for confirmation of possession and in alternative for recovery of possession and for permanent injunction against the defendants.
(2.) PLAINTIFFS case was that Diwan Manjhi had two wives. Plaintiff was born from his first wife, whereas defendants 1 and 2 were born from his second wife. Mostt. Karami. Plaintiff claimed to have separately reclaimed about 8.64 acres land, detailed in Schedule A to the plaint and got rent assessed therefore by Deputy Commissioner. Hazaribagh, vide Misc. Case No. 32 of 1948. Defendants 1 and 2 contested the suit claiming their l/3rd share each in the northern side of each plot, except in plot No. 1054/79, wherein they got their 2/3rd share in eastern portion.
(3.) THERE was a proceeding under Section 145 of the Code of Criminal Procedure in respect of suit land between the parties, which was decided against the plaintiff.;