- (1.) THIS appeal has been filed against the judgment and decree of affirmance dated 25.11.2002 passed by the Additional District Judge, IX Dhanbad in Title Appeal No. 55 of 2000.
(2.) THE defendant is the appellant -appellant. The plaintiff - respondent filed a suit before the Assistant Settlement Officer, Dhanbad under the provision of Section 87, of the Chhotanagpur Tenancy Act, being case No. 673 of 1990. The plaintiffs case was that the suit land appertaining to C.S. Khata No. 2, portion of plot No. 337 area 5 decimals corresponding R.S. Khata No. 45, plot No. 471 area 5 decimals of Mouza Kalyanpur was allotted to his share in Title Partition Suit No. 18 of 1971. Since thereafter the plaintiff has been coming in possession thereof. The further case of the plaintiff was that in the recent revisional survey record of rights the suit land was wrongly recorded in the name of the defendant Prabhu Mahato which the plaintiff came to know on 5.4.1990. Thereafter the suit was filed.
(3.) THE defendant on being ' noticed appeared and contested the suit of the plaintiff stating therein that he is the rightful owner of the suit land which he purchased from recorded raiyat Late Magan Mahato vide registered deed No. 14819, dated 11.6.1971 and he has been coming in actual physical possession. The defendant thus asserted that the entry made showing him as raiyat in the revisional survey record of rights is correct and the same requires no interference.;