N.N.TIWARI, J. - (1.) HEARD .
(2.) THIS second appeal has been preferred by the defendants/appellants/ respondents. The plaintiffs/appellants/respondents filed a suit in the Court below for declaration of their right, title and interest in respect of the suit lands, described in Scheduled B of the plaint. The plaintiffs also prayed for recovery of possession and for injunction restraining the respondent not to raise any construction or structure over the suit land. The suit land measuring 3/4 decimals, appertains to Khata No. 566, Plot No. 53351/7833 of Maufa Chas, District Bokaro. The plaintiffs case is that an area of 3 decimals of the said plot was purchased by one Ram Jagnania from Nagarmal Jagnania with specific boundary. Originally the said land measuring an area of 31 decimals was settled to one Anu Gope. He having been in peaceful possession, had sold that entire land to one Washi Jagnania and Banbari Lal Jagnania by virtue of a registered sale deed dated 29.9.1966. The said purchasers came in possession of the said land and subsequently transferred an area of 3 decimal to Nagarmal Jagnania by registered sale deed dated 14.6.1968. The said purchasers constructed a Gumti (Shed) over the same. In the year, 1976, the defendants were allowed to raise a temporary shed of bamboo shoots over a portion of the land. Taking undue advantage of the same, he claimed himself as a privilege tenant and applied for a parcha under the provisions of Bihar Privileged Persons Homestead Tenancy Act and a parcha was allegedly granted in his favour. The said order for granting parcha was challenged in a writ petition being CWJC No. 871 of 1979 by the plaintiffs and the order was quashed" and the said parcha was cancelled.
(3.) THE defendants claimed acquisition of right and title over the suit land by adverse possession. However, there was no proper pleading to constitute a case of adverse possession.;