KRISHNA PRASHAD SINHA Vs. VIKASH SINGH

JUDGEMENT

(1.) The present revision application is against the judgment and decree passed in Title Suit No. 13 of 1995/10 of 1999 of the Subordinate Judge IV. Patna whereunder the learned Judge has decreed the suit in terms of Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as the "Act") and directed the petitioners, who are defendants in the Court below, to hand over the suit land to the opposite first party, who are plaintiffs in the Court below. as also for removing the blockade created by them as well as the hut over the suit land and on failure of the defendants to so hand over, the plaintiffs were entitled to get the possession through process of Court.

(2.) The petitioners and opposite first party being defendants first party and plaintiffs respectively have appeared and have been heard.

(3.) On 24-1-1995, the plaintiffs instituted the above suit purporting to be a suit in terms of Section 6 of the Act, inter alia, alleging that one Ram Prakash Singh and others held a piece of land measuring about thirteen and half kathas. On 3rd June, 1993 one Smt. Kamleshwari Devi, the late grandmother of the plaintiffs purchased an area of about ten kathas of the said land from Ram Prakash Singh and others for valuable consideration by registered sale deed but as the vendor was in possession of slightly larger area, the said Smt Kamleshwari Devi was given possession of the entire thirteen and half kathas of land. She came in possession of the said entire land. Since 1953. she continued in possession openly and adversely to all and that being so also acquired title by law of adverse possession and ouster She constructed a house over her ten kathas of land as purchased and the rest of the land including the land on which possession was with her though not purchased was used for growing for gardening and vegetable garden. The said plot which was in excess of the sale deed but in possession of the late grandmother of the plaintiffs was landlocked and she had constructed a boundary wall separating it from the land of the defendant first party (petitioners before this Court) The defendant first party repeatedly approached the plaintiffs to sell part of the said landlocked land which was evidenced by his letter dated 19-10-1991 (Exhibit-A) and letter dated 29-11-1991 (Exhibit-1/1) to sell. Having failed to get the plaintiffs to sell the landlocked land to the defendants, the defendant first party then sought to create a sale deed in their favour on 16-2-1993 (Exhibit -2/a) in respect of four kathas of land and tried to dispossess the petitioners. By then Kamleshwari Devi had died on 31-3-1987 and the plaintiffs being her grandsons were in possession of the said land on which they have built the house known as "Kamla Niwas" and they were also the legatees under her will dated 22-8-1986. The plaintiffs having come in possession, tried to resist dispossession which gave rise to initiation of a proceeding under Section 144 of Cr. P.C. on basis of an application by opposite party No. 2 (plaintiff No. 2) dated 4-3-1993 (Exhibit-C/a). The report of the Executive Magistrate dated 23- 3-1993 (Annexure-5) was submitted on 7- 4-1993 in the proceedings under Section 144 of Cr. P.C. supporting the possession of the plaintiffs over the entire schedule land. These proceedings under Section 144 of Cr. P.C. were later converted into proceedings under Section 145 of Cr. P.C. and ultimately the proceedings were dropped. The defendants, taking advantage of the termination of proceedings under Section 145 of Cr. P.C. then blocked the passage from Kamla Niwas to the land behind and constructed a Phoos Jhopri (thatched hut) on 27-11-1994, thus, effectively dispossessing the plaintiffs and, therefore, the suit was filed for restoration of possession on 24-1-1995.