GURUSHARAN SHARMA,J. - (1.) Plaintiffs are appellants. One Ramjiwan Singh of village Meral, district Palamu, had five sons, narmely, Laldhari Singh, Girdhari Singh, Mana Singh, Deonath Singh and Deodhari Singh. Ganesh Singh and Kripa Singh original plaintiffs 1 and 2 were descendants of Laldhari Singh. They filed Title Suit NO.5 of 1986 for a declaration that the suit lands (54.18 -1/3 acres) detailed at the foot of plaint were their raiyati lands and in case they were found to have been dispossessed therefrom, a decree for recovery of possession be granted in their favour.
(2.) ACCORDING to plaintiffs, defendants had no right, title and interest over the suit lands. Defendants' claim to have purchased the same from one Ramsundar Singh, who had acquired it in auction sale, was incorrect and said transfer was not binding on them. Defendants contested the suit, mainly on the ground that plaintiffs' ancestors Laldhari Singh and Girdhari Singh had ceased to have any concern whatsoever with the suit lands after their interest was sold in court's auction sale in the year 1938. It was followed by delivery of possession. Auction purchaser Ramsundar Singh filed Jamabandi -return at the time of vesting of Zamindari in the State Government under the provisions of Bihar Land Reforms Act, 1950.Thereafter rent for the suit lands was fixed in his name, under the provisions of sections 5, 6 and 7 of the said Act. Ramsundar Singh thereafter transferred the suit lands by registered sale deed dated 26.7.1970 to Rambriksha Singh father of defendants 1 to 3 and defendants 4 to 6. The contesting defendants also pleaded that Jagat Singh father of plaintiff no. 1 had filed Misc. Case No. 64 of 1970 -71, challenging fixation of rent under sections 5, 6 and 7 of the said Act in the name of Ramsundar Singh, which was rejected on 21.9.1971 by Additional Collector, Palamu. Appeal preferred against the said order was also dismissed on 11.7.1972 and Revision too was dismissed.
(3.) THE suit was dismissed on 29.2.1989 holding that defendants acquired valid right, title and interest over the suit lands, on the basis of purchase from Ramsundar Singh. On the contrary plaintiffs failed to substantiate their right, title and possession over the same.;