ARUN KUMAR SINGH Vs. PARASNATH MAHTO AND OTHERS

JUDGEMENT

(1.) This application has been filed for quashing the order dated 14.05.2014 passed by Sub Judge-I, Patna City in Miscellaneous Case No. 07 of 2014 whereby and whereunder petition filed by this petitioner under Order 21, Rule 97 read with section 151 CPC was dismissed.

(2.) Heard learned counsels for the petitioner and the respondents.

(3.) It appears that the respondent no.1 filed Title Suit No. 126 of 2007 against Ram Dulari Devi, the mother of respondent nos.2 to 4 for specific performance of contract with respect to land measuring 18 kathas 10 dhurs of plot no.1299 of Khata No. 195 as mentioned in schedule given at the foot of the plaint. The respondent/plaintiff has asserted that the land in question originally belonged to Ramphal Mahto who was full brother of Smt. Ram Dulari Devi defendant no.1. The said Ramphal Mahto out of love and affection executed a registered deed of will in favour of Ram Dulari Devi on 05.12.1980. The said Ramphal Mahto died on 20.12.1982 leaving behind his sister Ram Dulari Devi who came in possession over the plot described in the will in question. She being owner of said property entered into an agreement with respondent no.1 to sell the disputed land for a total consideration of Rs. 2,50,000/- and executed an agreement on 21.01.1993 in his favour and the document was witnessed by her sons. The respondent no.1 on the refusal defendant no.1 to execute sale deed, filed the aforesaid suit for specific performance of contract. The defendants did not appear and the suit was decreed ex-parte against the defendants as per order dated 20.02.2009. It further appears that the defendant no.1 Smt. Ram Dulari Devi filed a probate case no.32 of 1993 on the file of District Judge which after hearing was allowed as per order dated 11.01.1996. The respondent no.1 on the strength of ex-parte decree passed in Title Suit No. 126 of 2007 filed Execution Case No. 04 of 2009. This petitioner appeared and filed a petition under Order 21, Rule 97 and section 151 of CPC praying therein to declare his title over the said land and not to execute decree on the basis of ex-parte judgment. The claim of the petitioner is that the land measuring 18 kathas and 10 dhurs was acquired by Ramphal Mahto in the name of his wife and after the death of his wife Ramphal Mahto became absolute owner He sold the entire land of plot no.1299 to Ramjee Mahto by virtue of two registered sale deeds dated 12.04.1982 and 13.04.1982 and put him in possession over the said land. In due course, he sold the same to Ganesh Dutt Shakari Grih Nirman Samiti Ltd. by virtue of registered sale deed dated 31.03.1983. The petitioner claims to have purchased the disputed land from the purchasers of said Ganesh Dutt Shakari Grih Nirman Samiti Ltd by virtue of registered sale deeds. The purchasers from Ganesh Dutt Shakari Grih Nirman Samiti Ltd in due course transferred their land in favour of this petitioner by virtue of registered sale deed dated 15.10.2008, 02.01.2009, 21.05.2008, 06.07.2009 and on the strength of aforesaid sale deeds, he filed the petition under 21 Rule 97 before the executing court for adjudication of his right and title which was dismissed as per impugned order.