- (1.) The original Plaintiff had filed the suit for declaration of his right, title over the suit and for confirmation of possession over the land as also alternatively for recovery of possession.
(2.) The Plaintiff's case is that land of plot No. 782 under Jamabandi No. 15, Mouza-Deo Patan, P.S. Sarwan, District-Deoghar was the ancestral land and the same had been possessed by him peacefully. The said land was never donated to Bhoodan Yogya Committee. No notice was ever issued to the Plaintiff regarding any confirmation proceeding before the revenue court. The Defendant also got the name mutated behind the back of the Plaintiff suppressing the fact and the notice to the Plaintiff. The orders passed by the revenue authorities are illegal and without jurisdiction.
(3.) The case of the Defendant is that the area of Plot No. 782 was 0.30 acres. The said land was donated to Bhoodan Yogya Committee and the said committee by Bhoodan Praman Patra No. 106761 dated 2.9.1963 had settled an area of 7 decimals of land of plot No. 782 to the Defendant. The said settlement by Bhoodan Yogya Committee was confirmed by the competent authority under the provisions of Section 13 of Bhoodan Yogya Act. It has been stated that the Plaintiff had Knowledge of the said proceeding as also the proceeding in the revenue court. The Defendant filed a petition for fixation of rent before Land Revenue Deputy Commissioner, Deoghar, which was allowed after consideration of the facts and law. The orders of the revenue authorities, appellate and revisional authorities are well reasoned and in accordance with law. The Plaintiff had no cause of action against the Defendant and the suit was not maintainable.;