MAHESH SHARMA Vs. BHAIRO RAI

JUDGEMENT

(1.) The petitioner, who is the plaintiff no. 1 in Title Suit No. 1367 of 2014, has challenged the order, dtd. 15/6/2017, passed by the learned Sub Judge-XIII, Muzaffarpur, whereby the intervention petition filed by the respondent no. 1, who is the own brother of the petitioner-plaintiff, has been allowed and he has been impleaded as party-defendant in the suit.

(2.) The petitioner, along with his sons and wife, being plaintiff nos. 1 to 4, filed Title Suit No. 1367 of 2014, in which another brother of the petitioner-plaintiff no. 1, Binod Kumar and his son, Ashish Kumar, were made defendants. The said suit has been filed for declaration of title of the plaintiffs upon Schedule-I land, described in the plaint and for confirmation of possession over the said Schedule-I land, inter alia, on the facts that the petitioner-plaintiff no. 1 and the defendant no. 1-respondent no. 2 are the sons of Late Dhurkheli Rai and both brothers are separate in mess and business and their another brother, Bhairo Rai, intervenor petitioner-respondent no. 1 has no concern with the cultivation or business of the other two brothers.

(3.) The plaintiff no. 4-respondent no. 6 purchased land of C. S. Khata No. 162, C. S. Plot No. 89 and C. S. Khata No. 212, C. S. Plot No. 88, corresponding to R. S. Khata No. 314, R. S. Plot No. 1087M, having an area of 360 sq. ft., equivalent to 04 dhurs, from one Binda Sah, son of Shiv Sah, through registered sale deed, dtd. 24/6/1985 and since the date of purchase, the aforesaid land has come in peaceful possession of the plaintiff no. 4-respondent no. 6, namely, Neelam Sharma, i.e. the wife of the petitioner-plaintiff no. 1. The defendant no. 1-respondent no. 2 and Dhurkheli Rai, father of the plaintiff no. 1 and defendant no. 1, jointly purchased the land of C. S. Khata Nos. 162 and 212, C. S. Plot Nos. 88 and 89, corresponding to R. S. Khata No. 314, R. S. Plot No. 1078M, having an area of 580.6 sq. ft., equivalent to 6 1/2 dhurs from Binda Sah, son of Late Shiv Sah, through registered sale deed, dated 2406.1985. After the aforesaid purchase, Dhurkheli Rai, father of plaintiff no. 1 and defendant no. 1 sold an area of 180.3 sq. ft., equivalent to 02 dhurs, of R. S. Khata No. 314, R. S. Plot No. 1078M, to defendant no. 1, through sale deed no. 15422, dtd. 7/9/1987. Again, vide registered sale deed, dtd. 7/9/1987, said Dhurkheli Rai, i.e. father of the plaintiff no. 1, defendant no. 1 and intervenor petitioner sold the land of R. S. Khata No. 314, R. S. Plot No. 1078M, having an area of 110.3 sq. ft, equivalent to 1 1/4 dhurs, which was purchased through sale deed, dtd. 24/6/1985, in favour of plaintiff no. 4-respondent no. 6, Neelam Sharma.