SURYABANSH UPADHYAY Vs. AWADHESH CHOUDHARY

JUDGEMENT

(1.) THIS civil revision by the defendant arises from an order by which the plaintiffs ' suit has been held to be maintainable and the petition filed by the defendant in that regard has been rejected.

(2.) THE plaintiffs filed Title Suit No. 141 of 1992 in the court of 2nd Munsif, Sasaram, for declaration that they are occupancy Raiyats of the lands described in Schedules A to D to the plaint and for permanent injunction against the defendant restraining him from making interference with their peaceful possession. According to the plaintifs, they are in possession of the lands as Sikmidar since about 1960. With the passage of time, after 12 years, they have acquired occupancy right as under Raiyat. However, the defendant in collusion with certain undesirable elements has been holding out threats to dispossess them from the lands. Hence the suit.

(3.) THE point for consideration is whether the suit is barred by the provisions of Bihar Tenancy Act or the principle of res judicata.