SHIV KUMAR PURBEY Vs. MOST. MEENA DEVI

JUDGEMENT

(1.) The defendants-petitioners pray for quashing of the order dated 29.7.2010, passed by the Fast Track Court No. 2, Munger in Title Appeal No. 13 of 2008, whereby the petition dated 16.7.2010 filed by them under Order XLI Rule 27 of the C.P.C. for taking additional evidence has been rejected on the ground that the case of the defendants-petitioners does not meet the requirement of Order XLI Rule 27 and Order 8 Rule 1A of the C.P.C.

(2.) Before I take up the plea raised by the parties, it would be relevant to notice the facts of the case in brief. The parties in the suit as well as in this writ application are descendants from a common branch. One Kanhai Purbey had three sons namely Bulakhi Purbey, Khedu Purbey and Badri Purbey. After the death of Kanhai Purbey in the year 1898, as per the petitioners, there was a partition in respect of land measuring 21 decimals pertaining to Khesra No. 887, Khata No.1 of Mauza-Asarganj in the district of Munger. Badri Purbey got 7 decimals towards his share, whereas the other two brothers remained joint. The cadastral survey made in the year 1908 also records 7 decimals of land in favour of Badri Purbey. it is further case of the petitioners that Badri Purbey from his own business purchased 7 acres 51 decimals of land from Misri Khan vide registered sale deed dated 12.5.1920. The name of Badri Purbey was mutated in the sarista of the landlord and Malguzari receipts too were issued in his name. At the time of vesting, the Zamindar also filed return in the name of Badri Purbey. Badri Purbey began to pay rent to the State of Bihar. Badri Purbey constructed some shops over 7 acres 51 decimals of purchased land. Badri Purbey left behind one son Gulab Purbey, who died leaving behind five sons all of whom are petitioners in this case.

(3.) The other brother of Badri Purbey, namely Khedu Purbey died leaving behind one son Masru Purbey who died leaving behind one son Mahavir Purbey. Mahavir Purbey had nine sons and daughters in total, including Shankar Purbey who had died. The other daughters and sons of Mahavir Purbey have been arrayed as respondent nos. 8 to 15 to this writ application. The heirs of late Shankar Purbey have been arrayed as respondent nos. 1 to 7 to this writ application.