JATA SHANKAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition has been filed for issue of a direction to the respondents not to disturb the peaceful possession over the land covered by judgment in Title Suit No. 71 of 1976/21 of 1977 over which delivery of possession was effected in favour of the petitioner in title Execution Case No. 1 of 1978.

(2.) A lease was executed in favour of the petitioner by respondent-municipality in the year 1972 for twenty years. The petitioner was dispossessed from the land in question forcibly in the year 1974. Title Suit No. 71 of 1976 was filed for recovery of possession. The suit was decreed. Execution Case No. 1 of 1978 was levied by the decree holder, the petitioner for effecting delivery of possession. The delivery of possession was effected on 11.12.1980 and since then the petitioner was coming in peaceful possession over the land in question. The respondents filed an appeal against the said judgment and decree. The said appeal was dismissed but the appellate judgment and decree was not challenged by the respondents. In the year 1999 the respondent-municipality was trying to dispossess the petitioner and as such the writ petition has been filed. On 1.6.1999 a Bench of this Court restrained the respondents from dispossessing the petitioner from the suit land.

(3.) The stand of the respondent in the counter affidavit was that the petitioner had abandoned the possession over the land in question in the year 1992 and the land is in possession of the municipality.