The record is taken up for passing necessary order. This is a suit for declaration that the plaintiffs are entitled to 12 decimal of land comprised in RS plot No. 240 of RS Khatian No. 01. Perused the plaint, deposition of the plaintiff as P.W: 01-03, the documentary pieces of evidence marked as exhibits No. 01-03, and the case record.
02. Upon
such perusal and consideration of the adduced shreds of evidence, it appears
that Chhamir Sardar and Habu Sardar were the reordered tenants of the CS
Khatian No. 35 [ext.: 01]. Habu Sardar died leaving behind only brother Chhamir
Sardar. Chhamir Sardar died leaving behind his only son Ledu Sardar.
Thereafter, three SA khatians (Nos. 25, 30 & 33) were prepared and
published against the name of Ledu Sardar [ext.: 02 series]. Ledu Sardar died
leaving behind a son and a daughter, who are the plaintiffs to the suit. The
plaintiffs’ claim envisages that the landed property of 25 decimal once
recorded in plot No. 185 of the CS Khatian No. 35 is still in their exclusive
possession and control.
03. The
plaintiff also claims that out of the suit landed property, only 08 decimal
lands are recorded in RS khatian No. 58, only 7 decimal lands in RS khatian No.
56, and the rest 12 decimal lands in the RS khatain No. 01. The plaintiffs
through the shred of adduced evidence asserted that the rest 12 decimal of
lands comprised in RS plot No. 240 of the Khatian No. 01 was mistakenly
recorded and prepared in the name of the government (Ext.: PW-01; ext.: 03-04).
It also transpires in evidence [PW-01] asserted that the plaintiffs have been
in possession of the suit lands since the demise of their predecessors (CS and
SA recorded tenants).
04. The
PW-02 and 03 are also found to be in tune with the plaintiffs’ propositions
relating to the mode, nature, and way of possession in the suit property. The
materials evidence available on record demonstrates that the plaintiffs have
established a betel leaf field on the suit lands. The PW-02 and 03 also appear
to be convincing for they are shown to be enabled to identify the suit land
with correct directions. Since the defendant government neither submitted a
written statement nor contested the suit in any other way, no evidence is led
by the defendant concerning the suit land. As such, nothing is proved to the
contrary. Hence, it cogently appears that there appears to be proved by
unimpeachable evidence as well as sufficient implications that the plaintiffs
have title, ownership, and possession to the suit lands; and no clouds are seen
in the sky of their title thereto.
And
thus, the suit deserves to be decreed against the defendant. As such, it is
decided that the plaintiffs may get the equitable relief as prayed for under
section 42 of the Specific Relief Act, 1887.
Court fee paid is sufficient.
Hence,
it is ordered
that
the suit is decreed ex parte against the defendant without costs. It is
hereby declared against the defendant that the plaintiffs are entitled to 0.12 acre
of the scheduled landed property comprising in RS plot No. 240 of RS Khatian
No. 01.