HARI SHANKAR PRASAD, J. - (1.) THIS appeal at the instance of the appellant is directed against the judgment dated 15.7.1995 and award dated 29.7.1995 passed in L.A. Ref. Case No. 7 of 1993 whereby and where -under the learned Land Acquisition Judge, Dhanbad allowed the reference.
(2.) FACTS briefly stated are that State of Bihar through Collector acquired 2.85 acres of land appertaining to plot nos. 1510 and 1912 comprised in survey khata no. 1 of village Pargha Thana at Baliapur District Dhanbad by a declaration no. 192/ 88 -1511 dated 16.6.1988 published in the District Gazette dated 16.6.1988 under Section 4 of the Land Acquisition Act and award vide award no. 130 for a sum of Rs. 75,486.66 paise was prepared in the name of Smt. Narayani Mukherjee who is opposite party in the learned court below and the entire money was paid to her. After payment of the award, the plaintiff/petitioner who claimed part of the land made an objection before the Land Acquisition Authority challenging the validity of the award for whole of the acquired land in the name of opposite party Narayani Mukherjee and claiming his interest on 1.33 acres of acquired land on the basis of purchase from its original owner and sought reference whereupon reference under section 30 of the Land Acquisition Act was made. The case of the applicant -objector -respondent is that the lands under khata no. 1 of village Pargha were originally recorded as 'Gair Awad Malick" in the name of Rani Hemkumari who settled 1.71 1/2 acres of the same including part of the reference plots with one Badri Narayan Singh by registered Patta in the Bangla year 1343 corresponding to 1936 according to English Calendar on fixed annual rent besides cess and after accepting salami of Rs. 75/ - and put him in possession over the lands. The ex -tenure holder recognized the settlee Badri Narayan Singh as her raiyat who possessed the lands by reclaiming the same and paying rents to the tenure holder. While he was in peaceful possession of the same, he transferred the same land to the present applicant -objector by virtue of registered deed no. 1277 dated 30.1.1970 and put him in possession over the same. Further case of the applicant -objector is that applicant -objector exercised diverse acts of possession over the lands and got his name recorded in the record of State of Bihar for the purpose of payment of rent and paid rents to the State of Bihar all along and, therefore, applicant -objector claims himself to be the original owner of the lands and he has acquired indefeasible title by possessing the same.
(3.) OPPOSITE party -appellant filed written statement and contested the reference. Her case is that the alleged registered patta of the year 1936 said to be executed by the tenure holder in favour of Badri Narain Singh in respect of the portion of the plots under reference was never acted upon nor the settlee came in possession over the lands on the basis of such settlement and as such, the subsequent transfer by the settlee in favour of the applicant by virtue of registered sale deed dated 30.1.1970 was not operative document and this was also not acted upon. The so -called Badri Narain Singh omitted to execute any 'Kabuliat in favour of the tenure holder in pursuance of the alleged patta executed in his favour and thus settlee never came in possession over the land on the basis of the registered patta and the claim of the present applicant - respondent on the basis of registered sale deed is not proper and misconceived and the alleged sale deed in favour of the applicant is just a paper transaction. The tenure holder continued to hold lands in her khas possession and submitted 'M" form under the provisions of B.L.R. Act, 1950 before the Circle Officer, Baliapur in the year 1962 who accordingly started rent assessment case no 138 of 1962 -63 and after holding necessary inquiry, assessed and fixed rents of the lands in favour fo the tenure holder. The tenure holder paid the rent to the State of Bihar in respect of the lands and obtained Government receipts in token of payment. It is said that during the period tenure holder was in possession of the land, she transferred the total area of the plots in question to her husband Narain Mukherjee, who subsequently died, by virtue of registered sale deed bearing no. 23082 dated 19.10.67 for a valuable consideration and delivered possession of the lands following execution of the documents. Her husband possessed the lands by cultivating paddy crops for more than the statutory period to the knowledge of all. The husband of Narayani Mukherjee got his name mutated in respect of the lands in the records of the State of Bihar and paid rents to the State and got proper receipts against payment and when husband of the O.R - appellant died, then she inherited the lands left by her husband who exercised possession over the same until the State of Bihar acquired the same under the provisions of the Land Acquisition Act.;