ASHA DEVI Vs. KIRAN KUMARI

JUDGEMENT

(1.) Petitioner is plaintiff of Title Suit No.57 of 2011 pending in the court of Subordinate Judge III, Katihar. She has filed writ application for quashing the order dtd. 10/9/2013 passed by learned court below whereby and whereunder the respondent nos. 1 and 2 were granted leave to file counter claim against the plaintiff.

(2.) Heard learned counsels for the petitioner as well as the respondents.

(3.) The petitioner filed the aforesaid suit for declaration of her title over the land mentioned at the foot of the plaint on the basis of her possession which was more than 12 years. According to the petitioner, she had entered into an agreement with the defendant no.1 to purchase the land in dispute for a consideration of Rs.80,000.00. The petitioner paid an amount of Rs.20,000.00 as earnest money out of Rs.80,000.00 and it was agreed that the defendant no.1 would execute sale deed after receipt of balance of consideration money. The plaintiff-petitioner was put in possession over the said land in the year 1995. As the defendant did not execute sale deed as per terms of agreement, the plaintiff filed the present suit for declaration of her title on the basis of long possession. The defendant nos.2 and 3 purchased the said land from defendant no.1 by virtue of registered sale deeds dtd. 14/8/2009 and 13/9/2010. The plaintiff after getting knowledge about execution of two sale deeds in favour of defendant nos.2 and 3, filed the suit for declaration of her title on the basis of adverse possession and also for declaration of both the sale deeds as forged, fabricated and not binding on the plaintiff.