SHEELA VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant Civil Miscellaneous application under Article 227 of the constitution has been filed against the order dtd. 25/8/2022, passed by learned Additional District and Sessions Judge 16th, Patna in Title Appeal No. 145 of 1994 by which he has rejected the amendment petition dtd. 10/2/2014, filed on behalf of the plaintiffs/appellants under Order 6 Rule 17 of the Code of Civil Procedure.

(3.) The petitioners are the appellants (legal heirs of original plaintiff) before the learned lower appellate court. The original plaintiff filed Title Suit No. 28 of 1988 for declaration that land of Patna Municipal Corporation Plot No. 1127 and 1129 being amalgamated had been in peaceful possession and in use of plaintiff belonged to Sri Mahabirjee of Kamta Shakhi Math and by long possession and by use for more than 60 years the plaintiff has perfected his right, title and interest over the suit property by adverse possession. The disputed plots no. 1127 and 1129 were amalgamated since before survey and there is no sign of separation and those bear an area 0.171 decimals (equivalent to 5 katha 14 dhurs and 9 dhurki) of holding no. 101/79, Circle No. 9, Ward No. 01 under Patna Municipal Corporation. The further case of the plaintiff is that Baba Ram Das Jee had got constructed a temple of Sri Mahabirjee and a pukka well in about year 1920 over a portion of the plots and after his death Samadhi is also made on the said land. After his death, his chela the original plaintiff used to manage the puja-path of Mahabir Asthan and he also got constructed the ashram over the said land and also constructed some temporary hutments for shops for the earning for puja-path and rag-bhog of Sri Mahabirjee. Due to appreshension by the plaintiff that the respondents may demolish the sacred samadhi of Baba Ram Das Jee, he filed the suit. In encroachment proceeding, DCLR, Patna has passed an order for removal of encroachment over the said land which was lastly quashed by this court in CWJC No. 2396 of 1977 vide order dtd. 4/7/1979.