BINOD SINGH Vs. P.S. SAHPUR AND OTHERS

JUDGEMENT

(1.) This civil miscellaneous petition under Article 227 of the Constitution of India has been filed for quashing the order dtd. 1/11/2017 passed by Sub Judge, Jagdishpur, Bhojpur in Title Suit No.184 of 2014 whereby the learned Court below rejected the counter-claim filed on behalf of defendant No.1- petitioner.

(2.) It is unnecessary to put forth the facts in detail save and except the relevant facts which can be summarised as follows:

(3.) The plaintiffs filed the suit for declaration that in absence of non-payment of consideration money by the defendant, the title of lands in question remained with the plaintiffs and during the pendency of the suit, if the plaintiff is illegally dispossessed from the suit lands, the recovery of possession may be given to the plaintiff. Further relief is that Court may pass a decree setting aside registered sale deed dtd. 24/10/2011 executed by the plaintiff as per the terms and conditions of the sale deed on account of non passing of the consideration amount and for restraining the defendant from dispossessing the plaintiff from the suit lands.