RAGHUNATH PATHAK Vs. KAMAL PRASAD NAIK

JUDGEMENT

(1.) This civil revision application has been preferred by the above-named defendants No. 2 and 3 of Title Suit No.7 of 1994 regarding part of the order dated 7.3.1994 passed by the Munsif at Seraiketla and then confirmed by the 4th Additional District Judge, Chaibasa, in Miscellaneous Appeal No 3 of 1994 by which temporary injunction granted in favour of the original plaintiff-respondent has been maintained. The other part of the order regarding amalgamation of the above mentioned suit with Title suit No.32 of 1992 has not been challenged.

(2.) The original plaintiff Smt. Jamuna Naik alias Bodo Devi @ Savitri Devi filed Title Suit No.7 of 1994 before the Court of Munsif at Seraikella for a relief of declaration that the sale deed dated 4.4.1975 executed by her brother defendant No. 1 in favour of defendants No. 2 and 3 in respect of the suit lands as described in the Schedule of the plaint was illegal, void and inoperative and without consideration and was not binding upon the original plaintiff. There was further prayer for a decree for confirmation of possession having legitimate half share in the suit property and alternatively for recovery of possession and for a decree for permanent injunction restraining defendants No. 2 and 3 from interfering/disturbing the plaintiff's possession and with her legitimate right of enjoyment of the suit land.

(3.) It was the case of the plaintiff Savitri Devi that she and her brother defendant No. 1 inherited the suit property from their predecessor and although she resides elsewhere with her husband but she occasionally comes to her father's place and lives in the same house with her brother defendant No. 1 Sibu Naik, but defendant no.1 defrauded her, sold away the entire property to defendants Nos. 2 and 3 in the year 1975 and when she came to know of it that the defendants were trying to divide the suit plot into sub-plots for their possession, then she filed the suit. It may be mentioned here that defendants No. 2 and 3 had filed Title suit No.32 of 1992 for declaration of their right, title and interest over the suit land against the defendant No. 1 Sibu Naik. In that suit, Sibu Naik took the plea that the suit land was inherited not by himself alone but also by her sister Smt. Jamuna Naik alias Savitri Devi and he prayed for injunction against the plaintiff of the suit for not interfering with the possession of the defendant Sibu Naik and her sister Smt Jamuna Naik, but his prayer of such injunction was dismissed. It must also be mentioned here that the plaintiff Smt Jamuna Naik made a petition under section 144 of the Code of Criminal Procedure (for short 'the Code') before the Sub-Divisional Magistrate and it was found that the plaintiff Jamuna Naik and a Jhopri over the suit land and, such possession was found in favour of the plaintiff and restraint order was passed against the defendants No. 2 and 3.