BIBI SOBARATAN Vs. MD KAMALUDDIN

JUDGEMENT

(1.) Defendants in Title Suit No. 85 of 1982 are the petitioners in the instant applicant. This application is directed against the order dated 18th January, 1983 by which the Court rejected the application filed by the defendants -petitioners under, Sec. 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act') and held that the suit was not hit by the provisions of Sec. 4(c) of the Act, as the genuineness of the documents (on the basis of which the plaintiff wanted declaration of his title) is challenged and that has to be decided in the suit and hence in view of the decision of the Supreme Court in the case of Gorakh Nath Dube vs. Hari Narain Singh and others ( : A.I.R. 1973 SC 2451), the suit was well within the jurisdiction of the civil court. The plaintiff -opposite party filed a title suit (85 of 1982) in the court of the Munsif 2nd, Buxar, for declaration of his title over the lands mentioned in the schedule of the plaint on the basis of the deed of gift dated 20.1.1981 executed in his favour. It is desirable to quote the relevant prayer, the plaintiff has asked for:

(2.) Yeh ki kharcha adalat wo digar dadarsi munasib dila mile.

(3.) In view of the aforesaid admitted facts, which are not under challenge, the plaintiff filed a petition under Sec. 10(b) of the Act be -fore the Consolidation Officer, Buxar, on the basis of his own deed of gift dated 20.1.1981. The plaintiff of the title suit, when he moved the Consolidation Officer by a petition under Sec. 10(b) of the Act, he asked for the correction of the land register. As against this order of the Consolidation Officer passed on the application filed by the plaintiff under Sec. 10(b) of the Act, the defendants of the present suit have filed a revision before the Director of Consolidation, Bihar, Patna, under Sec. 35 of the Act and, admittedly, this revision application is still pending before the Director of Consolidation, Bihar.