AMARNATH SAW Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed seeking direction to the respondent to restore possession of house at Mohalla Machchuatoli bearing holding No. 76 A within Ward No. 3 at Cantonment Road, Danapur, to the petitioner.

(2.) THE case of the petitioner, shortly stated, is as follows. His father Narayan Sah purchased the house in question under a registered sale -deed dated 23.11.70 from one Sitaram Sah. Respondent No. 9 Om Prakash Goswami fraudulently got a sale -deed in the name of his wife respondent No. 8 Smt. Shanti Devi, from Narayan Sah on 28.4.93 without paying any consideration money to him. The petitioner, however, continued to remain in possession of the house. When he came to know about the fraudulent act of the respondents, he filed a suit bearing Title Suit No. 120. of 1993 seeking declaration that the sale -deed dated 28.4.93 is sham and fraudulent and no title had passed to respondent No. 8. In the alternative, he prayed for relief in terms of Sec. 4 of the Partition Act. The respondents also filed Eviction Suit No. 17 of 1993 against the petitioner. They also started hobnobbing with the local administration for dispossessing the petitioner. They filed Miscellaneous case No. 105 of 1995 before the Sub -divisional Magistrate, Danapur claiming that the petitioner was tenant in the disputed house and creating hindrance in the exercise of rights by the respondents. The petitioner filed show -cause in the said Miscellaneous case stating that he was not tenant in the house and he had filed a suit for declaration that the saledeed under which the respondents were claiming their rights was a sham transaction. On 16.8.95, the Sub -divisional Magistrate passed an order in the aforesaid Miscellaneous case that he was not competent to decide the claim regarding possession. He, however, directed the police to maintain peace and order. On 12.10.95 one Mahendra Singh, an Assistant Sub -Inspector of Police (ASI) attached with the Danapur Police Station submitted report to the Sub -divisional Magistrate making request for deputation of a Magistrate for maintaining law and order and facilitate the "peaceful induction of the respondents in the house." On 16.11.95 the Sub -divisional Magistrate deputed respondent No. 6 Shri N.K. Verma (Narendra Kumar Verma), Co -operative Extension Officer, Danapur as Special Executive Magistrate. On 27.11.9 5, the petitioner was forcibly evicted from the house and its possession was delivered to the respondents.

(3.) IN the meantime, apprehending his forcible eviction in the wake of the orders passed by the Sub -divisional Magistrate, referred to above, the petitioner had filed Title Suit No. 131 of 1995 seeking permanent injunction against respondent Nos. 3, 4 and 6 to 9 from disturbing his peaceful possession. On 27.11.95, the Munsif, Danapur passed an order to maintain status quo. The order was also communicated to the aforesaid respondents the same day. The respondents concerned, however, it is said, with full knowledge of the order of the Civil Court hurriedly got the petitioner evicted from the house and gave possession thereof to respondent Nos. 8 and 9. The petitioner has stated that on 2.10.94 also, respondent Nos. 8 and 9 had tried to dispossess the petitioner from the house for which the petitioner instituted Danapur P.S. Case No. 276/94 under Sections 323, 324 and 341/34 I.P.C. in which respondent No. 9 and his two sons were convicted for the offence under Secs. 323/34 I.P.C. on 21.7.98.