RAMJEET SINGH Vs. JANKI DEVI

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree dated 27.6.1989 passed by Sri Sitaram Mahto, Special Judge, Gaya in Revenue Appeal No. 16/1987 confirming the judgment and decree dated 19.6.1987 passed by Sri Ramji Singh, Circle Officer, Gaya in Title Suit No. 1577 of 1982 whereby the learned Circle Officer had been pleased to decree the suit of the plaintiff.

(2.) The brief facts of the case are as follows :- Plaintiff-respondent Smt. Janki Devi filed Title Suit No. 1577 of 1982 before the Circle Officer, Gaya for correction of entry in the revisional suivey khatian stating therein that the name of the defendant Ramjeet Singh was wrongly entered in the remarks column of the revisional survey khatian. The prayer was made that the name of the defendant be deleted and the name of the plaintiff be entered in the remarks column.

(3.) The case of the plaintiff, in brief, is that R.S. Plot No. 565 appertaining to R.S. Khata No. 111. corresponding to old plot (C.S. Plot) No. 411 appertaining to C.S, Khata No. 97 measuring an area of 1 decimal situated in Mauza Khizersarai belonged to one Ram Khelawan Baskhor, son of Rddhan Baskhor, who by virtue of Sada sale deed dated 12.12.1956 sold the same to the plaintiff, now respondent and after the said purchase, the plaintiff- respondent constructed a pacca house over 1 decimal of land (suit land), and since thereafter the plaintiff was residing in the said house. Further case is that the defendant, now appellant, was never in possession of the suit land but due to mistake committed by Karrnchari, the defendant's name had been entered in the remarks column of the R.S. Khatian which was done without any basis and as Such, the necessity of filing of the suit arose.