DILIP SHARMA Vs. BADAL TIWARY

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) This Civil Revision Application has been filed against the judgment dtd. 16/3/2021 and decree dtd. 27/3/2021 passed by learned Sub Judge-XIV, Bhagalpur in Title Suit No.703 of 2012 filed under Sec. 6 of the Specific Relief Act whereby the suit of the opposite party/plaintiff was decreed in favour of the plaintiff.

(3.) The fact, in brief, is that opposite party/plaintiff filed Title Suit No.703 of 2012 under Sec. 6 of the Specific Relief Act stating that he had purchased the suit land vide registered sale deed dtd. 26/11/2007 from the recorded Raiyat (title holder), namely, Jago Mandal for valuable consideration and mutated his name in Anchal Sirista and got rent receipt in lieu thereof. It is further stated that the plaintiff erected boundary wall, installed grill and locked up the gate. The case of the opposite party is that the petitioners/defendants had attempted to take possession of the suit land for which a proceeding under Sec. 144 of Cr.P.C. was initiated vide Misc. Case No.655 of 2007 in which the S.D.O., Sadar, Bhagalpur decided the said case in favour of the plaintiff's vendor, namely, Jago Mandal. It is further alleged that the petitioners/defendants broke the lock of the gate and dispossessed the plaintiff from the suit land. The proceeding under Sec. 144 of Cr.P.C. vide Misc. Case No.904 of 2012 was initiated which was decided in favour of the plaintiff in which the father-in-law of the plaintiff was first party on behalf of the plaintiff and vide order dtd. 29/8/2012, the defendants were restrained to interfere with the lawful possession and enjoyment of the plaintiff. However, after the said order, he has been dispossessed on 30/8/2012. Accordingly, the opposite party/plaintiff filed the instant suit for restoration of possession under Sec. 6 of the Specific Relief Act without adjudication of the title.