GURUSHARAN SHARMA, J. - (1.) TEJO Yadav of village Tilaiya, district Hazaribngh (now Koder -ma) left behind two sons. Barhan Yadav and Bijul Yadav. In R.S. Khatian hinds of Khata No. 760 of village Tilaiya stood recorded in the names of aforesaid two brothers.
(2.) NUNU Yadav son of Barhan Yadav filed Title Suit No. 78 of 1980 against his uncle Bijul Yadav for declaration of title over 1,39 aeres land of aforesaid Khata No. 760, detailed in Schedule A to the plaint. Subsequently Jamuni Devi, who was daughter of defendant No. 1 and was married with Badri Yadav was also added as defendant No. 2 in the suit. Plaintiffs case was that his lather Barhan Yadav. as Karta of the joint family with his brother Bijul Yadav, settled Schedule A lands with him in Sikmi Darraiyali on annual rental of Rs 10/ - by an unregistered document dated 21.4.1964. Plaintiff being the settled raiyat acquired occupancy right over the suit land. Under local uses and custom Sikmi Dar -ralyati settlement was recognised and sanctioned, as was prevalent in the locality from the time immemorial, as heritable. Defendant No. 1 by registered sale deed dated 11.1.1980 sold 1.30 acres land out of Schedule A lands to defendant No. 2.
(3.) DEFENDANT No. 1 filed written statement stating, inter alia, that he was separate from his brother Barhan Yadav. He was living in his Nanihal at village Tilaiya, whereas Barhan Yadav was living at village Laheria with his father. Story of Sikmi Dar -raiyati settlement was false, incorrect and concocted. There was no local uses and custom whereby Sikmi Dar -raiyati settlement was recognised and sanctioned in the locality. According to the defendant, originally the suit lands belonged to Latu Yadav, who died leaving behind a daughter, Phulia Devi. who inherited his properties. She was married with Tejo Yadav. After her death, her two sons Barhan Yadav and Bijul Yadav inherited those properties,;