1. Section 377 of the Bihar and Orissa Municipal Act, 1922, requires a one-month notice only when a Municipality is sued for damages or a tortuous act unlawfully committed under the Act. It does not apply to declaratory suits challenging the legality of orders or seeking permanent injunctions against enforcement of such orders, provided the suit is not concerned with recovery of money for damages. Since the Notified Area Committee contested the suit on merits without pressing the notice objection, the substantial question on notice was answered against the Municipality in some appeals, but ultimately no notice was deemed mandatory for a title suit of this nature.
2. In a suit for declaration of title, the plaintiff bears the onus of proving title independently to the extent of the relief sought. A decree cannot be awarded solely because the defendant fails to prove title; the plaintiff must establish their own right.
3. Regarding the specific dispute, the Appellate Court correctly held that the plaintiff's vendors had only title to 98 decimals. Although the plaintiff purchased the entire 1.98 acre plot, the vendors could not convey title over the remaining one acre because it had been validly transferred by the original owner (grandparents of the intervener) to the intervener's vendor via a registered deed of exchange dated 05-08-1971. The intent of this deed was to provide for the 'Mehjoob' (grandsons) of the pre-deceased son without fully alienating the share, and other sons witnessed the deed. Consequently, the plaintiff is entitled only to the 98 decimals they purchased, and the intervener's title to the one acre is affirmed.
4. The sale deed of 1971, being registered and unchallenged, remains valid. The plaintiff's failure to seek a declaration setting aside this instrument bars their claim to the additional acre, as they cannot derive a better title than their own vendors could convey. The nature of the land, initially recorded as 'Gairmazarua Aam Pokhar', having changed to 'rai'ati' prior to vesting, precluded automatic vesting in the State.
