in Misc. Case No. 25/70-71 ordered for rectification.
The defendant denied the claim of the plaintiffs that they have
Patna High Court SA No.39 of 1991 dt.30-04-2025
taken settlement in respect of the entire Plot No. 395, 398 and
75 decimal out of the Plot No. 394. Plaintiffs, in collusion with
the employees of the revenue office of Madanpur block, made
some interpolation in the certified copy of the return and on that
basis applied for opening of the demand in his name with
respect to the land in the suit. The defendant filed a petition of
objection and ultimately the proceeding was dropped on
13.07.1973. Subsequently, the plaintiff no. 1 surreptitiously got
the demand opened in his name for the disputed land. The
plaintiffs were never in possession of the suit land and they have
never planted any trees. The defendant claimed that he has been
coming in possession of the suit land and prior to him his father
was in possession of the same land and he has planted trees in
the disputed land. Further case of the defendant is that he and
his father had executed a mortgage bond in favour of one Ram
Khelawan Thakur with respect to the suit land and that
mortgage bond was redeemed by the defendant. The defendant
also claimed that vesting of the zamindari of ex-landlord Ganga
Pd. Singh took place in the year 1955 and not in the year 1952- 53.
Proceeding under Section 145 of the Cr.P.C. was rightly decided in
favour of the defendant and all allegation on contrary are false.
One Smt. Padmawati Devi was settlee of landlord in Plot No.
Patna High Court SA No.39 of 1991 dt.30-04-2025
394, Khata No. 127 and she was in possession thereon. She
herself sold her land to different persons including the
answering defendant by virtue of registered sale deeds and the
purchasers are in possession and have been paying rent and
getting receipts. Sale deed of the defendant is dated 12.06.1971
for 62 decimals land of Plot No. 394. He has amalgamated some
of the lands of Plot No. 394 with the disputed land. Apart from
that some portions of adjacent parti land of gairmajarua malik
has been amalgamated with disputed land.
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