Search Results Page

Search Results

1 - 6 of 6 (0.19 seconds)
Musammat Murti Dussadhin And Others vs Surajdeo Singh And Others on 11 August, 1964 cites

Jaldhari Mahto And Ors. vs Rajendra Singh And Ors. on 11 March, 1958

The Munsif held that the plaintiff settled these lands with the defendants some 28 years ago. On the question of possession he held that ever since the settlement, the defendants have been in possession and cultivating the lands, and that the plaintiff since after the settlement has not been in possession. He concluded that the plaintiff having been out of possession for more than 12 years was not entitled to possession. He, in consequence, dismissed the suit with costs. The plaintiff appealed and succeeded before the Appellate Court. The Additional Sub-Judge was of the view that "the onus was on the defendants to prove that they were raiyats of the lands and that they had acquired occupancy rights in these lands and unless they succeeded in proving these, they could not successfully resist the plaintiff's suit." After going through the evidence, he came to the conclusion that the defendants bad not been able to prove their case about settlement and possession. Five defendants appealed to the High Court. It was contended before the High Court on behalf of the defendants that the Appellate Court had wrongly put the onus on the defendants, but the High Court, relying on Jaldhari v. Rajendra Singh(1) did not accede to this contention. The High Court held that the title of the plaintiff had been admitted by the defendants and their case of settlement and possession for 12 years had been rejected by the Appellate Court. The plaintiff had never alleged that he had been dispossessed. The learned Judge further observed as follows:
Patna High Court Cites 20 - Cited by 9 - V Ramaswami - Full Document
1