GORAKH SINGH Vs. TATA IRON AND STEEL CO LTD

JUDGEMENT

(1.) This is an appeal by the plaintiff arising out of a suit for declaration of title and confirmation of possession with respect to 0.58 acre of land situated in village Khuntadih within Bistupur Police station in the town of Jamshedpur. It bears Khata No. 48 and plot No. 1793. The plaintiff also prayed for a permanent injunction restraining defendant No. 1 from interfering with the possession of the plaintiff over the suit land.

(2.) Originally the suit land was agricultural land and belonged to one Md. Rafique who was its tenant. In 1944 proforma defendant No. 2 purchased it from the recorded tenant under a registered sale deed and came in possession. Defendant No. 2 constructed a hut on a portion of it and cultivated this land. On the 4th of December, 1961 a registered sale deed was executed by defendant No. 2 in favour of the plaintiff who claimed to have entered into possession on that date. Respondent No. 1, the Tata Iron and Steel Company Ltd. (hereinafter referred to as the Tatas), were trying to have their own name recorded in respect of this land and also trying to demolish the shed put up by the plaintiff on 11th of February, 1962, and hence this suit.

(3.) The case of the defendant Company, however, was that the plaintiff had no cause of action. The land in suit was acquired by this defendant under Section 50 of the Chotanagpur Tenancy Act (hereinafter called the Act) in 1944 and after that it remained in possession of the defendant. The plaintiff was a mere trespasser and had no right to seek the declaration as prayed for in this suit.