- (1.) THE plaintiff filed the suit for declaration of title, confirmation of possession or in alternative for recovery of possession over 69 decimals land bearing Plot Nos. 1332 and 1875 appertaining to Khata No. 6 situated in village Kuju P.S. Mandu, District Hazaribagh and for further declaration that the order dated 8.8.1978 passed by the Additional Collector, Hazaribagh, in Appeal No. 82 of 1976, under Section 46(4) of the Chotanagpur Tenancy Act, 1908 (hereinafter to be referred to as 'the Act ') was illegal and without jurisdiction.
(2.) THE suit was decreed in part, holding that the order passed under Section 46(4) of the Act was illegal and without jurisdiction and the plaintiff acquired right, title and interest over the suit land on the basis of raiyati settlement made by the then landlord in the year 1926 and was also in possession thereof. Defendant No. 1 preferred appeal against the said judgment and decree, wherein by impugned judgment and decree dated 10th May, 2002 the trial Court 'sjudgment and decree was modified. It was held that none of the parties had title over the disputed land. However, since the plaintiff was in possession, therefore he acquired possessory title over the suit land, whereas the defendant had neither title nor possession.
(3.) ADMITTEDLY , the suit land stood recorded in the cadastral survey Khatian as raiyati land of Ahlad Karmali and Paltaniya Karmali, who were said to have abandoned the same and went to Assam with their family. Consequently, the said land became bakast of the then landlord, who made raiyati settlement thereof by hukumnama dated 11.5.1926, in favour of plaintiffs father Shukar Sundi. After death of his father in the year 1947, plaintiff and his brother Bhim Sundi partitioned the properties, the suit land fell into plaintiffs share.;