BOKU MAHTON Vs. NAME NOT KNOWN WIDOW OF ANATHI THAKUR

JUDGEMENT

(1.) The defendants preferred second appeal before this Court.

(2.) The plaintiffs filed the suit for a declaration of title and confirmation of possession and, in the alternative, for recovery of possession in respect of the suit land. The plaintiffs also prayed that the orders of the Anchal Adhikari dated 31st May, 1955 be declared illegal and without jurisdiction. According to the plaint, the cause of action arose on 31st May, 1955 when the Anchal Adhikari by his order dated 31st May, 1955 removed the names of the plaintiffs and substituted the names of the defendants in their place in the revenue papers (tenants' ledger). It is for this reason that the plaintiffs prayed in relief (b) that the Court be pleased to declare the order of the Anchal Adhikari as wrong, illegal and without jurisdiction. The case of the plaintiffs was that the ancestor of the defendants, namely, Bana Mahto. surrendered the suit land to the landlord. The landlord, in turn, settled the suit land in 1316 Fasli with the ancestors of the plaintiffs.

(3.) The defendants denied the story of surrender and settlement. The defendants pleaded that they were in continuous possession of the suit land, and, their ancestor, Bana Mahto, was rightly recorded in the survey record of rights.