OM PRAKASH SAH Vs. DEOKI DEVI DUGOLIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) In this case, the petitioner is challenging the order dated 19.7.2011 passed by learned Munsif-II, Bhagalpur in Title Eviction Suit No. 10/2008 by which the court below has refused to decide the maintainability of the suit as preliminary issue.

(3.) In this case, one Deoki Devi had filed a Title Eviction Suit No. 10/2008 against the defendant. In the Eviction Suit, the defendant/petitioner has claimed that Deoki Devi is not original land holder rather the land holder is someone else so she has no right to file the Eviction Title Suit, meaning thereby the petitioner is challenging the Title of the plaintiff to file the Suit.