MALTI DEVI Vs. JAGDISH SHARMA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous application is filed against the order dtd. 17/8/2017 passed by learned Additional District Judge ' 10, Patna in Miscellaneous Appeal No. 26 of 2016 confirming the order dtd. 16/3/2016 passed by the learned Sub-Judge-1, Patna in Title suit No. 68 of 2013 by which the learned Court below has refused to grant temporary injunction to the plaintiff / petitioner on the ground that the plaintiff has no prima facie case for grant of temporary injunction.

(3.) The brief facts of the case are that the petitioner, who is plaintiff in the suit, filed Title Suit No. 68 of 2013 in the Court of Sub-Judge 5th, Patna which was subsequently transferred to the learned Court of Sub-Judge, 1st, Patna claiming that the land detailed in Schedule 1 in the suit was owned and possessed by defendant No. 1 Jagdish Sharma who got it by partition from other pattidars and his name was mutated in the revenue record. Defendant No. 1 has executed a registered deed of power of attorney dtd. 16/6/2008 in favour of proforma defendant No. 4 (husband of the plaintiff) authorising him to look after his property mentioned in Schedule 1 as well as to sale the land and to do all other works as mentioned therein. Defendant No. 1 also received Rs.9.00 Lakhs from the proforma defendant No. 4 on the day he executed the power of attorney and a money receipt was issued on a stamp paper duly signed by the witnesses acknowledging that he had no right to put any objection if the said land is sold by the proforma defendant. Accordingly, the proforma defendant sold the land by two registered sale deeds 30/8/2008 and 24/2/2010 in favour of plaintiff and put the plaintiff in possession and since then she has absolute right, title and possession over the same and after mutating the same in her favour, she is getting regular rent receipt from the State of Bihar.