M.Y.EQBAL, J. - (1.) THIS second appeal filed by the plaintiff is directed against the judgment and decree dated 7.3.1987passed by Additional District Judge, Palamau in title appeal No. 29/85 where by he has confirmed the judgment and decree passed by Sub -Judge, Palamau dismissing the title suit No. 56/82.
(2.) THE plaintiffs/appellants filed the aforementioned suit for declaration of title in respect of the vacant possession of the property as mentioned in Schedule A of the plaint which comprised khata No. 89 plot No. 84 measuring are of 85 decimals in village Rehla Khurd P.S. Rehla District Rehla, Palamau. The case of the plaintiffs/appellants is that the suit land was recorded as gairmazarua malik in survey operation in the year 1917. One Late Ramautar Das and his sons Jagarnath Das and Baijnath Das and his brother late Lakshman Das were and are the Dehi and Kayami raiyat of village Rehla Khurd. Jirwa Deviu is wife of Jagarnath Das. During the time of ex - intermediary 40 years ago Ramautar Das, his brother and the plaintiffs came in possession of the part of plot No. 84 khata No. 89 over the area of 85 decimals (another suit land). Plaintiffs' further case was the late Ramautar Das and Lakshman Das and the plaintiffs once constituted a joint family but in course of time they all became separate having separate house, mess and separate cultivation over the suit land. It is alleged that the above named person time to time took settlement of the land from the ex -landlord. They also approached the revenue authority for making raiyati settlement in their favour. However, after inquiry in the year 1972 -73, 24 decimals of land out of the suit land was settled by the Deputy Commissioner, Palamau by order dated 13.1.1973 and rent receipts were issued. At the same time 3 decimals of the suit land was also settled to one of the plaintiff and settlement parwana was issued by the revenue authority. In this way 85 decimals of land was settled by the Revenue Authority in favour of the plaintiffs and they came in possession of the same. However, in the year 1980 because of some objection made by the villagers the D.C.L.R. passed the order dated 30.6.1980 modifying the previous settlement and ultimately settlement in respect of the 45 decimals of landwas cancelled by the Commissioner, Palamau.
(3.) AGGRIEVED by the said decision of the Commissioner plaintiffs filed aforesaid suit after serving notice under Section 80, CPC. The defendants State of Bihar and the Revenue Authority appeared in the suit and filed their written statement alleging inter alia that the suit is not maintainable as barred under the provisions of Section 258 of the C.N.T. Act. The case of the defendants was that the settlement of 40 decimals of land in favour of the plaintiffs is valid and the settlement in respect of the remaining 45 decimals of land was cancelled for the reason that plaintiffs never exercised their right title, interest and possession over the said land. The trial Court framed the following issue for consideration : '1. Is the suit maintainable as framed. 2. Have the plaintiffs any cause of action for the present suit. 3. Is the suit barred by the principle of estoppel waiver and waiver and acquiscnence. 4. Is the suit barred by law of limitation. 5. Have the plaintiffs title to the suit land and can the defendants interfered with in any way to the raiyati right of the plaintiffs in the suit land. 6. Is some portion of land under dispute treated to be the land for public use. 7. To what other relief or reliefs if any plaintiffs are entitled.'' ;