SANTOSHI SINGH TOKHAN SINGH Vs. RAM CHANDRA SAH

JUDGEMENT

(1.) THIS Civil revision has come for final hearing after remand by the Hon'ble Supreme Court in Civil Appeal No. 4180 of 1998.

(2.) IT appears that this Civil revision application was filed against the judgment and decree dated 30.5.1995 passed by the Addl. Munsif, Samastipur, in Eviction Suit No. 1/2 of 1987/94 whereby the plaintiffs suit for eviction of the defendant on the ground of personal necessity was decreed. This Court, after hearing the parties, allowed this revision application in terms of the judgment dated 7.5.1997 and set aside the judgment and decree passed by the trial Court. The plaintiff then moved the Hon'ble Supreme Court by filing the aforementioned Civil appeal and the Hon'ble Supreme Court in terms of the order dated 21.8.1998 set aside the judgment and order of this Court and remanded the matter for disposal of Civil revision afresh on merits.

(3.) THE contesting defendant filed written statement and contested the suit denying and disputing the allegations made in the plaint. Besides other defence, defendant denied relationship of landlord and tenant and raised question of title and stated that the allegation of acquisition of suit property by the plaintiff is false and fabricated. The defendant's further case is that the original plaintiff, Mishrilal Sah, had purchased some lands under old S.P. No. 568 from west and for which new survey plot No. 1405 was prepared in the revisional survey including other purchasers in plot No. 568. Later on defendant purchasers got necessary correction and through two sale deeds Mishrilal Sah had only 17 -171/2 and half dhurs in plot No. 568 which is in possession of the plaintiff and other land was in possession of the original plaintiff. Defendant's, further case is that total area of old S.P. No. 568 was 6 kathas 4 dhurs according to entry of survey record of rights standing in the name of Niyamat All, who died leaving behind his one son Abdul Hassan who also died leaving behind six sons who are all heirs and came in possession of old plot No. 568. It is alleged that according to private partition 16 dhurs of aforesaid plot was allotted to Rasool Khan and remaining area came in possession of the heirs of Rasool Khan, The defendant's further case is that Rasool Khan sold the land and house which is subject matter of the suit to the defendant by virtue of registered sale deed dated 3.2.1982 and defendant was put in possession of the said property and since then defendant has been coming in peaceful possession of the same.