LAWS(PAT)-2017-9-137

SATYA NARAIN SINGH Vs. SHYAM NANDAN MISHRA

Decided On September 19, 2017
SATYA NARAIN SINGH Appellant
V/S
Shyam Nandan Mishra Respondents

JUDGEMENT

(1.) This revision petition has been preferred under Section 115 of the C.P.C. against the order dated 26.08.2009 passed by learned Sub Judge-VII, Ara in Title Suit No. 533 of 2007 by which and whereunder he held that above stated Title Suit No 533 of 2007 was barred under Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

(2.) This revision petition was dismissed on 22.03.2013 due to non prosecution. However, the said revision petition was restored to its original file vide order dated 15.03.2017 passed in M.J.C. No. 3014 of 2016.

(3.) The brief fact, which lies to file this revision petition is that the petitioners brought Title Suit No. 533 of 2007 against the opposite parties for declaration of sale deeds dated 16.05.2006 and 28.09.2006, said to be executed by opposite 2nd party-defendant 2nd party in favour of opposite 1st party-defendant 1st party, as forged, fabricated and illegal on the ground that aforesaid sale deeds had been executed by defendant 2nd party-opposite 2nd party without having any legal right to execute the same and furthermore, for declaration of order dated 26.12.2007 passed by the Director, Consolidation, Bihar, Patna in Consolidation Revision Case No. 64 of 2007 illegal as well as without jurisdiction. They also sought relief for issuance of injunction against the opposite parties.