SHYAM BIHARI YADAV Vs. RAMNIWAS SINGH

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as learned counsel for the respondents and I intend to dispose of the present petition at the stage of admission itself.

(2.) The instant petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dtd. 16/2/2023 passed by the learned Additional District Judge-VII, Bhojpur at Ara in Misc. Appeal No. 08 of 2022 and also against the order dtd. 20/1/2022 passed by learned Sub-Judge, Jagdishpur, Bhojpur in Title Suit No. 194 of 2020. In Title Suit No. 194 of 2020, the learned Sub-Judge, Jagdishpur allowed the injunction petition dtd. 11/1/2021 filed by the plaintiff, the respondent-1st set herein, restraining the defendant-1st set from changing the nature of suit land in any manner and not to transfer or alienate the suit property. The petitioner, who is defendant-1st set, went into appeal by filing Misc. Appeal No. 08 of 2022, in which the aforesaid order dtd. 16/2/2023 has been passed by the learned Additional District Judge-VII, Bhojpur at Ara affirming the order of the learned trial court.

(3.) Briefly stated, the facts of the case are that the plaintiff/respondent-1st set filed Title Suit No. 194 of 2020 against the defendants for declaration that Schedule-I land was allotted in the share of the defendant/respondent no. 4 and she has right to sell it and also for partition of Schedule-II land of the suit property on the basis of the sale deed executed by defendant/respondent no. 4. According to the plaintiff, disputed khata was recorded in the name of Butan Ahir and Raghu Ahir, sons of Mitalu Ahir. After death of Raghu Ahir, there was separation in the branch of Butan Ahir and Raghu Ahir to the extent of half share each. In due course, the descendants of Raghu Ahir sold the disputed land in favour of the plaintiff through registered sale deed dated 2201.2019 and put him in possession. The defendants-2nd set are descendants of Butan Ahir and defendant-3rd set is the descendant of Raghu Ahir. The plaintiff further claims that Raghu Ahir has one daughter, namely Atwariya Kunwar and after her death, her only daughter, Kalawati Devi came into possession over the share allotted to the branch of Raghu Ahir and the said land has been sold in favour of the plaintiff. The plaintiff further claims that the branch of Butan Ahir gave their share of land to one Jomdhari Yadav for cultivation. In the month of November, 2019, the sons of late Jomdhari Yadav stopped the plaintiff from cultivating the land claiming that they have purchased entire 56 decimals of land through registered sale deed from Butan Ahir. Thereafter, proceedings under Ss. 144 and 145 Cr.P.C. were initiated at the instance of the plaintiff, which were dropped holding that there was a title dispute. It is further claim of the plaintiff that Butan Ahir was having right over only 28 decimal of land in disputed khata and he could have sold only to the extent of 28 decimal of land of his share. The defendants-4th set are the sons of Jomdhari Yadav and are purchasers from Butan Ahir.