MADHURENDRA KUMAR SINGH Vs. ASHA DEVI

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of Code of Civil Procedure (hereinafter referred to as 'CPC') has been filed against the judgment and decree dtd. 24/12/2019 and 6/1/2020 respectively passed in Title Appeal No.67 of 2015 by learned Additional District Judge-1, Muzaffarpur (hereinafter referred to as 'the appellate Court') whereby the said title appeal has been dismissed and affirmed the judgment dtd. 26/9/2015 and decree dtd. 10/10/2015 passed in Title Suit No. 424 of 2004 by learned Sub-Judge-4th, Civil Judge, Senior Division, Muzaffarpur (hereinafter referred to as 'the Trial Court') partly decreeing the suit on contest without cost in favour of the plaintiff.

(2.) The plaintiff/respondent no.1 Smt. Asha Devi filed Title Suit No. 424 of 2004 for declaration that the plaintiff has got right and title over the disputed land mentioned in Schedule-I of the plaint and sale deed no. 26560 dtd. 16/12/2005 in favour of defendant no.1 with respect to disputed land which is hit by lis pendens is void, collusive, inoperative and not binding on the plaintiff. The plaintiff further prayed for declaration that defendant 1st party/appellants herein have been tenant in the suit premises and decree for eviction of the defendant nos.1 and 2 from the disputed land and the house standing thereon on the ground of personal necessity of plaintiff. It is further prayed for damages in favour of the plaintiff from the date of sale deed dtd. 7/10/2003 till delivery of possession and cost of the suit and also a decree for any other relief or reliefs to which the plaintiff be deemed fit and entitled be passed in favour of the plaintiff and against the defendant nos.1 and 2.

(3.) The subject matter of dispute is the land with building standing thereon with respect to R.S.P. Nos. 143 (area 20 decimal), 142 (area 3 decimal), 147 (area 17 decimal) and 144 (area 6 decimal) total area 46 decimals situated in Village -Brahampura, P.S.- Sadar, District- Muzaffarpur.