PERMANAND SINGH Vs. SONA SINGH AND ORS.

JUDGEMENT

(1.) Heard Counsel for the petitioner and the respondents. This application has been filed by the petitioner who wants to be added as party in Title Suit No. 22 of 1994, His application under Order I, Rule 10 of the Civil Procedure Code was rejected by Sub-Judge-V, Patna City on 3.8.2012.

(2.) The plaintiff's case is that he has a right and title over the suit property measuring 1 acre 6 decimals appertaining to plot No. 4744 khata No. 215 situated in Patna City Chowk within the district of Patna. The petitioner claims that the land in question was purchased by one Hema Mahto and Beehan Mahto from Mahabir Bhagat and Kali Charan Mahto through registered sale deed after partition of the property in the family of Bachan Mahto. The plaintiff claims that he has title over title plot No. 4744 measuring an area of 1 acre 6 decimals of Schedule-VI after acquisition of 25 decimals of land in plot No. 4744 through Land Acquisition Case No. 55 of 1978-79, out of the total area of 1 acre 31 decimals.

(3.) It is the specific case of the plaintiff that one Kameshwar Singh Yadav had got his name mutated in the revenue records. Kameshwar Singh Yadav is the son of Satyanand Gope, Satyanand Gope is the son of Bansidhar Gope. The intervenor-petitioner before this Court claims that he is also the son of Bansidhar Gope and as such, he is necessary party in the suit.