Gurusharan Sharma, J. - (1.) Title Suit No. 52 of 1979 was filed for declaration of title and recovery of possession over 2.35 acres land, bearing Plot No. 2990, appertaining to Khata No. 206, under Khewat No. 3/1, situate in village Hesadih, within Sonahatu Police Station of Ranchi District, detailed in Schedule 'B' to the plaint as also for mesne profits from 1973.
(2.) According to the plaintiffs Revisional survey Plot No. 2990 was carved out from Cadestral Survey Plot No. 2323, which was raiyati land of their agnates the defendants 4 to 9, but in Revisional survey it was wrongly recorded as gair majana malik -parti pathar, The defendants 1 to 3 were sons to Kashi Nath Singh Munda, the then landlord.
(3.) The defendant No. 1 did not contest the suit. The defendants 2 to 3 denied plaintiffs agnatic relationship with the defendants 4 to 9. According to them nature of the disputed land was not parti pathar and the plaintiffs ancestor Gokul Mahto was never in possession of any portion of Cadestral survey Plot No. 2323. It was mundari -khunt -katti tenancy land and entry thereof made in the Revisional survey record -of -rights was conclusive and the same could not have been challenged in suit.;