SAROJ KUMAR SINGH Vs. MOST. MALTI KUER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dtd. 20/11/2018 passed by the learned Sub-Judge 1st, Kaimur at Bhabua in Title Suit No. 554 of 2013 whereby and whereunder the petition dtd. 19/8/2016 filed on behalf of the plaintiff/petitioner for verification and examination of thumb impression of defendant no. 1 and petition dtd. 5/7/2018 filed on behalf of the plaintiff/petitioner for marking as exhibit of the report of non Survey Knowing Pleader Commissioner have been rejected.

(3.) Brief facts of the case are that the plaintiff/petitioner filed a title suit being Title Suit No. 554 of 2013 for declaration of title and possession over the suit property and also for declaration that registered Beyanama Deed No. 11294 of 2011 dtd. 29/11/2011 is null and void and also for restraining the defendants to interfere in the peaceful possession of the plaintiff. The defendants/respondents filed their written statement. The case of the plaintiff is that father of the petitioner purchased the suit property from defendant no. 1/respondent no. 1 on 11/4/1986 vide unregistered deed (Yadast Kewala) and also paid the consideration money and the petitioner and his family members are in peaceful possession of the suit property since 11/4/1986. On 11/9/2013, respondent no. 2 told the petitioner that the suit property has been purchased by him from respondent no. 1 so the delivery of possession should be given to him. Accordingly, the dispute arose between the petitioner and the respondents.