JUDGEMENT
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(1.) Heard learned counsel appearing on behalf of the appellant.
(2.) The suit was preferred for declaration of right, title and interest and
also for confirmation of possession of the plaintiff in respect of the settlement of
parti land made by the village Munda of the village Dumbisai in respect of the land
described at the foot of the plaint. The land in question was situated within
Chaibasa Municipality, ward no. 5, Mohalla Tungri, P.O. & P.S. Chaibasa, District
Singhbhum West. The disputed land was recorded in the name of the plaintiff as
raiyat in the survey settlement pertaining to the year 1973. Previously it was
recorded in the name of his grand father. The claim of the plaintiff was that the
land in question pertaining to plot no. 667 under khata no. 2 having estate no.
697 of village Dumbisai, thana no. 663 was settled in the name of his grand father.
(3.) The suit was contested by the respondent. It was contended on behalf
of the defendant that the suit was not maintainable both in law as well as on facts,
the suit is vaxatious in nature and filed with a wrong intention. The suit as
preferred is full of suppression of fact and distortion of the correct version. The
plaintiff failed to sign the plaint and verify it. The suit is grossly undervalued. The
value of the suit was suggested at the minimum to be four lakhs and, therefore, it
is beyond the pecuniary jurisdiction of the Court. The description of the suit
property was also challenged as detailed in schedule-1. Plaintiff is not a raiyat of
village Dumbisai . He has not been able to furnish any particular of the land
allegedly held by him.;
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