ACHYUTANAND CHOUDHARY D Vs. LUXMAN MAHTO

JUDGEMENT

(1.) The maintainability of a Civil Suit filed by the respondents being titled suit No. 34 of 1996 filed in the Court of Subordinate Judge, Bhagalpur is the question raised in the Special Leave Petition. The suit is filed with the following prayer:-

(2.) For the sake of convenience the parties are referred to as they are arrayed in the suit.

(3.) The plaintiffs claim that the Suit Scheduled Property admeasuring 7.29 acres is owned by them and their ancestors and they have been in an uninterrupted possession of the same for the period of about 100 years. The instant suit is filed with the allegation that the defendants (petitioners herein), threatened to dispossess them (plaintiffs) on the ground that the Suit Scheduled Property has been recorded in the name of the defendant in the Consolidation Survey. The Relevant portion of the plaint reads as follows:-