EFACHHA SAH Vs. MANOHAR THAKUR

JUDGEMENT

(1.) THIS civil revision application has been filed against the order dated 9.6.1999 passed by Munsif, Bettiah in Title Suit No. 244 of 1998. by which the petitioners application under Order 7 Rule 11 of the Code of Civil Procedure for dismissing the suit as not maintainable was rejected.

(2.) THE said Title Suit was filed by the plaintiff -Opposite parties on 30.10.1998 for declaration of their title over the land in question and permanent injunction against the petitioner as well as for declaration that the basgeet parcha issued in favour of the petitioner in case No. 514/69 -70 by the Anchal Adhikari, Lauriya and the order dated 26.7.1997 passed by the Collector, West Champaran, in Case No. R.M.21/96 -97 be declared illegal and without jurisdiction and not binding on the plaintiffs and also for relief of permanent injunction against the defendant -petitioner. The grounds taken in the plaint were that the defendant in collusion with the officers forged some papers about the settlement of the land appertaining to No. 173, Plot No. 905/1 admeasuring 6 decimals under Bihar Privileged Persons Homestead Tenancny Act (for the sake of brevity the Act) filed a case No. 514/69 -70 and on 14.1.1970 got the parcha issued in his favour though HE Was not eligible for the sane because he had already a separate pucca residential house over a piece of land and, secondly, he was not in actual physical possession over the land under the Act and, thirdly, no spot verification was made by the Anchal Amin and, 4thly, all the proceedings under the said Act was surreptitiously done without any notice to anybody in vicinity or the plaintiffs predecessors. The plaintiff claimed that the order sheet was got prepared in 1996 by antidating the proceedings, then the parcha was issued and as a matter of fact no such proceeding was ever initiated. The claim of the plaintiff -Opposite Parties over the land is on the basis of settlement in his fathers favour for nearly 50 years and as a precautionary measure and to avoid litigation his son, namely, Shyam Bihari Singh, executed a registered sale deed on 16.7.1996 with respect to suit land in favour of the plaintiff and one Yogendra Sah who relinquished his title in favour of the plaintiff subsequently.

(3.) ON a consideration of the aforesaid facts the application under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant -petitioner in the court below was rejected by the learned Munsif. sec. 13 of the Act provides as under: