TEJ NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS second appeal has been filed by the sole plaintiff - appellant -appellant against the judgments and decree of both the learned courts below.

(2.) THIS matter arises out of Title Suit No. 45 of 1993 which was filed by the plaintiff -appellant for the following reliefs: ''

(3.) THE further claim of the plaintiff was that much after his sale to Saraswati Devi by registered sale deed dated 13.6.1985 (Ext. -3), the original owner of Plot No. 452, namely Prem Nath Singh sold northern 10 decimal of the said plot to defendant no. 5 Surendra Prasad Chauraseya by registered deed dated 25.6.1985 (Ext. -D), whereafter the said purchaser came in possession of the said purchased land and constructed his house thereon. The plaintiff also claimed that the said house of defendant no. 5 is adjacent north -east to the plaintiff 'shouse and hence defendant no. 5 wanted to open a raasta through the land of the plaintiff and taking undue advantage of his position as journalist and his proximity and influence over Government authorities he managed to obtain favourable orders in proceedings under Section 144 as well as under Section 107 of the Code of Criminal Procedure and thereafter defendant no. 5 got Public Land Encroachment Case No.1 of 1993 initiated against the plaintiff with respect to his suit land in which S.D.O., Sadar passed order dated 8.2.1993 directing the Circle Officer to remove the encroachment allegedly made by the plaintiff on a public raasta. The plaintiff asserted that the said land is not a public raasta rather it is his private land purchased from the original owner through a registered deed and hence the authorities concerned had no jurisdiction to pass their aforesaid orders or to remove the construction of the plaintiff.