defendants-respondents
further pleaded that the ex-landlords never filed any
Zamindari return in proof of alleged settlement and, as a
matter of fact, story ... submitted that no doubt,
the plaintiffs could not succeed to bring zamindari return
filed by ex-landlord on record but the defendants-
respondents claimed that
plaintiffs-respondents by virtue of Hukumnama (Ext. 17) dated
30.06.1944. Zamindari return (Ext. 10) filed in the name of Babu
Kamta Prasad and ancestor ... area of 11 bigha 2 katha 10 ½ dhurs but from
Zamindari return (Ext. 10), it appears that Makbul Khan was
Raiyat of about 6 bighas
behalf of
the petitioners alongwith which photostat copy of the zamindari
return, which, according to the petitioners, is dismissed for
creation of jamabandi, has been ... process of said inquiry, it was
learnt that a zamindari return had been the basis for creation of
jamabandi in favour of the father
filed return in support of the
Hukumnama, was not supported by any document. The learned senior
counsel submits that the return of the Zamindari ... plot nos. 367, 368 and 369 are not
mentioned in the Zamindari returns.
17. The learned counsel for the State has also submitted that
rent receipts and the Sada
Hukumnama is not corroborated with any zamindari return.
He further submits that there is nothing in Annexure-2
which ... Receipt in
Annexure-4 i.e. Register II and further the Zamindari Return
has also not been submitted. He lastly submits that from
perusal
issued rent receipt. The ex-
landlord, at the time of vesting Zamindari, submitted return
showing the father of petitioner no.1 and one Ram Ratan ... predecessor-in-interest of the
petitioners. The ex-landlord after vesting Zamindari, return of
Jamabandi was filed and thereafter rent was accepted by the
State
recorded Khewat holders. On vesting, the ex-Khewat holders submitted zamindari return of Khewat No. 2 to the State of Bihar. In the State Government
cultivating raiyat
whereafter Zamindari receipts were issued by the ex-intermediary in his favour
and after vesting of the Zamindari into the State of Bihar ... than the State
and its authorities, were in possession of the Zamindari returns submitted by the
ex-intermediaries but they failed to produce them before
time and granted rent receipts.
At the time of vesting of Zamindari return was filed in the name of
Shivnandan Lal by the ex-landlord ... applicant. He has
also fully supported his case. He has proved two Zamindari receipts as
Exts. 2/II and 2/III. He has stated that
name of the settlees stand
entered as Raiyat in the Zamindari return filed by the ex-
landlord. There was a proceeding before the Forest Settlement ... receipt granted by the ex-
landlord nor the plaintiff could prove Zamindari return.
Though the plaintiff has filed certain government rent receipts
vide Exhibit