YOVRAJ SINHA Vs. RAM LAKHAN YADAV

JUDGEMENT

(1.) The petitioners have preferred the instant petition against the order dtd. 9/9/2016 passed by the learned Munsif, Daudnagar, Aurangabad in Title Suit No. 115 of 1987 whereby the learned Munsif allowed the amendment petition dtd. 12/8/2016 filed by the plaintiffs/respondents for adding the relief of declaration of title and confirmation of possession in relief portion of the plaint.

(2.) From the records, it appears that Case No. 1741 of 1981 corresponding to Trial No. 99/1994 for a proceeding under Sec. 145 Cr.P.C. was initiated in respect of certain lands before the Executive Magistrate, Aurangabad who passed an order on 19/4/1984 declaring the possession of the defendants/petitioners and restraining the plaintiffs/respondents from interfering with the peaceful possession of defendants/petitioners till decision otherwise by a competent court. Against the order dtd. 19/4/1984, the plaintiffs/respondents preferred Criminal Revision No.41 of 1984/15 of 1986 which was rejected by order dtd. 23/5/1987 by learned Additional Sessions Judge-IV, Aurangabad. Thereafter, the plaintiffs/respondents filed Title Suit No. 115/1987 against these orders before the court of learned Munsif, Aurangabad.

(3.) The case of the original plaintiff in the Title Suit was that his father died during his minority and his entire land was made Bakast without any auction sale and the same was settled to Girija Prasad and Smt. Rumini Devi by Ex-landlord and they were granted rent receipts. The plaintiff further claimed that after he attained majority, he raised dispute questioning settlement and entered into an agreement with the settlees in the year 1949 and since then he has been coming in possession of the suit land.