ROHIT KUMAR SAH Vs. ASHOK KUMAR SAHA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 22.5.2000 passed by the 7th Additional District Judge, Bhagalpur in Title Appeal No. 49 of 1995 whereby and whereunder he has set aside the judgment and decree dated 12.6.1995 passed by the Subordinate Judge IV, Bhagalpur in Title Suit No. 110/4 of 1979/95 and has remanded the suit for fresh decision in accordance with law.

(2.) BOTH sides were heard.

(3.) THE case of the plaintiff in the plaint, inter alia, is that the suit property along with other adjacent land and building belong to Badri Vishal Dhandhania who had acquired the same through registered sale deed no. 8913 dated 12/29.6.70 executed by the Subordinate Judge, Bhagalpur in accordance with the decree dated 3.6.1962 passed in Title Suit No. 21 of 1964. The said Badri Vishal Dhandhania came in possession over the land covered by the sale deed. Defendant no. 1 Kali Charan Prasad Saha and others were tenants in the suit property. They continued to be the tenants. The name of the purchaser was mutated. The plaintiff thereafter by a registered sale deed dated 30.6.1978 purchased the suit properties along with other properties from the heirs of Badri Vishal Dhandhania who was dead then and came in possession. The defendants continued a month to month tenant over the suit property. The name of the plaintiff was entered into Municipal register. The defendants, however, failed to pay rent and also filed an appeal in the ongoing Municipal survey proceedings claiming title over the suit property by adverse possession. The plaintiff, hence, was compelled to file a suit.