AI Structured Summary
Not yet generated for this judgment
Judgment
Gurusharan Sharma, J.—Plaintiffs are appellants. Subject matter of dispute is 18 decimals out of total 2.97 acres land of plot No. 988, appertaining to Khata No. 67, situated in village Mangrodih, District Giridih. It was recorded in the name of Kasmali Mian under Dar-raiyati Khata No. 141.
According to original plaintiff, Md. Mansur Ansari, in the year 1923 Kasmali Mian made Dara-dar-raiyati settlement of 4-1/2 kathas equivalent to 18 decimals land out of 2.97 acres with Heman Mian, who came in possession and constructed a mud built house on its southern portion by the side of Giridih Tundi Road and fenced the entire 18 decimals by brick built compound wall and planted a jack tree therein.
Plaintiff''s further case was that raiyat of Khata No. 67 surrendered entire land of plot No. 988 to the proprietor, Raja Wazir Narain Singh, who resumed possession thereof and settled the entire land by registered patta dated 12.2.1927 with Kasmali Mian, who came in possession as Mokarridar. Heman Mian had a son Wahid Ali, who pre-deceased him and in 1926, Heman Mian died leaving behind his widow daughter-in-law Mostt. Jiria, who became raiyat of the suit land including the house. She constructed a new house on the northern part of the suit land in the year 1936 and also a well and died in the year 1940. Mostt. Jiria''s daughter, Khatoon was married with Jamaluddin, who was living as Gharjamai. Jamaluddin died In the year 1954. Bibi Khatoon died in 1965, leaving behind her son, Mansoon Ansari, the plaintiff. In the meantime, Akal Mian son of Kasmali Mian along with his son Lokman Mian executed a sale deed dated 29.1.1955 in favour of Maqbool Mian, father of defendants 1 to 4 with false assertion that Akal Mian had made raiyati settlement of the suit land with his son Lokman Mian. Defendants 1 and 2 occupied the house in question in plaintiffs absence sometime in the year, 1976.
Plaintiff also pleaded that in Partition Suit No. 62 of 1953 among the sons of Kasmali Mian plot No. 988 was also mentioned in Schedule KAV to the plaint and was admitted to be in possession of Heman Mian and Bibi Khatoon. In the said suit, preliminary and final decree was passed. Plaintiff also claimed acquisition of title by adverse possession. In such circumstance, plaintiff filed suit for declaration of title and recovery of possession over the suit property.
Defendants 1 and 2 contested the suit. According to them suit land was settled with Heman Mian in the year 1920-21 and after his death in or about 1925 Kasmali Mian resumed back its possession and as such daughter-in-law of Heman Mian or Bibi Khatoon, wife of Jamaluddin or Md. Mansoor Ansari, the plaintiff had no interest therein and none of them ever came in possession thereof.
Defendants'' further case was that the suit land was settled with Lokman Mian, who later on sold it by registered sale deed dated 29.1.1955 to Maqbool Mian and Lokman Mian also joined the said deed as one of the vendors. After death of Maqbool Mian, his sons, defendants 1 and 2 came in possession over the suit land.
The suit was decreed holding that Heman Mian was in occupation of the suit land and house standing thereon as Dara-darraiyat under Kasmali Mian. Consequent upon surrender by recorded raiyat, the then landlord settled it with Kasmali Mian as Mokarridar. After death of Heman Mian, Mostt. Jiria came in possession and after her death her son, Mansoor Ansari, the plaintiff came and continued in possession till he was dispossessed in August, 1976. Plaintiff, therefore, had perfect right, title and interest over the suit land and was entitled to recover possession from defendants 1 and 2.
Defendants preferred appeal which was also dismissed holding that on settlement with Kasmali Mian as Mokarridar, Mostt. Jiria, daughter-in-law of Heman Mian became raiyat under the said Mokarridar and, therefore, plaintiff had perfect right, title and interest over the suit property.
Defendants have, therefore, filed present Second Appeal, which was admitted on the following substantial question of law :
"Whether in view of the fact that the respondent having interest through Heman, who merely was the dar-raiyat, his interest came to an end when the surrender was made by the recorded tenant to the landlord and/or upon the death of Heman himself ?"
It is well settled that on surrender of raiyati right by Kasmali Mian to the then landlord Dar-raiyati interest, if any, of Heman Mian also stood extinguished. Further, Kasmali Mian was made Mokarridar by the then landlord and the land in question was settled with Lokman Mian.
It also appears that meanwhile Heman Mian also died sometime in the year 1926. Consequent upon his death also, Dar-raiyatt interest came to an end. It was not inherited by his heir, namely, Mostt. Jiria. It is not clear as to whether Heman Mian died and thereafter recorded tenant surrendered his raiyati interest in the disputed land or surrender was made when Heman Mian was alive. But in both the circumstances, on surrender of his raiyati interest by recorded tenant in the land in question and upon death of Heman Mian, Dar-raiyat, his daughter-in-law did not inherit, the same and Dar-raiyatiship came to an end.
In the aforesaid circumstances, judgments and decrees passed by the Courts below are set aside and plaintiffs suit stands dismissed.
In the result, this appeal is allowed, but without costs.