KRANTI THAKUR Vs. SUKARI DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellant under Order 41 Rule 11 of the Code of Civil Procedure.

(2.) The plaintiff who is appellant herein has filed this Second Appeal under Sec. 100 of the Code of Civil Procedure against the judgment dtd. 5/6/2018 and decree dtd. 19/6/2018 passed by Sri. Om Prakash II, learned District and Sessions Judge, Madhubani in Title Appeal No. 31/2016 confirming the judgment dtd. 24/6/2016 and decree dtd. 1/7/2016 passed by learned Munsif, Jhanjharpur, Madhubani in Title Suit No. 40/1995, whereby, the learned Munsif, Jhanjharpur dismissed the suit on contest.

(3.) The plaintiff had filed the suit for declaration of title and confirmation of possession, alternatively, for declaration of possession on the basis of possession and permanent injunction against the defendants. The case of the plaintiff is that he had his house since long over suit land bearing C.S. Plot Nos. 1010, 1011, 1016 and 1017 total area 18 dhur, situated at Mauza-Adalpur, P.S.-R.S. Shivir (Jhanjharpur), District-Madhubani. According to plaintiff he had obtained his right and title on the basis of Basgit Parcha issued by the government of Bihar vide Case No. 34/1980-1981 after due inquiry and investigation. Jamabandi was created and revenue is being paid. Defendants have their houses adjacent west to the suit land who tried to disturb the suit land, in order to grab the suit land, so the plaintiff filed a case u/s 144 Cr. P.C. in 1986 in which compromise took place confirming the title and possession of the plaintiff over suit land. In 1993 also the Circle Officer had found the possession of plaintiff over the suit land. In 1994 due to heavy rain, plaintiff left his house then defendants tried to demolish the house of plaintiff, then proceding u/s 144 Cr. P.C. initiated in which police found the possession of the plaintiff on suit land. The plaintiff alleged that defendants in collusion with the authority got prepared the Revisional Survey Khatiyan and map with respect to suit land in their favour. The defendant disclosed in proceeding under Sec. 144 Cr. P.C. that they have got Parcha under Bihar Privileged Persons Homestead Tenancy Act, 1947 (BPPHT) Act with respect to suit land which is forged and fabricated document.