JALESHWAR PANDEY Vs. VISHWANATH SINGH

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dated 12.08.2015 passed by the Sub-Judge-I, Chapra in Title Suit No. 261 of 2012, whereby and whereunder the petition filed by the plaintiff-petitioners herein under Order 6 Rule 17 of the Code of Civil Procedure, 1908 dated 11.06.2014, for amendment of the pleadings, has been rejected.

(2.) The brief facts of the case are that the plaintiffs- petitioners herein have filed a Title Suit bearing Title Suit No. 261 of 2012, which is pending in the learned Court of Sub- Judge-I, Chapra against the defendants-respondents and the plaintiff have sought declaration of title and recovery of possession over Schedule-Ka plaint land.

(3.) The defendants-respondents have also filed written statement and are contesting the suit. In the plaint it has been pleaded that Plot Nos. 6661, 6663 and 6665 are ancestral lands of the plaintiffs and while the Plot No. 6663 contains the house and shop built by the father of the petitioner no. 1, Plot No. 6661 is Sahan of the house and Plot No. 6665 is used by the plaintiffs as per their requirements. It is the further case of the plaintiff-petitioners herein that east of Plot No. 6661, there is Plot No. 8147, which is belonging to the defendants and east of Plot No. 8147, Plot No. 8148 is situated, whereby there is public road. Since Plot Nos. 8147 and 8148 were lying vacant and the plaintiffs/their ancestors had no road to go to their house situated at Plot Nos. 6663 and 6661, they started using four feet wide strip in almost middle of Plot Nos. 8147 and 8148 as Rasta to go to the road on the eastern side. However, subsequently, the defendants/their ancestors constructed house in Plot No. 8147 and in the process encroached over south- eastern portion of Plot No. 6661. Subsequently, an oral exchange is said to have taken place in the year 1972 between the ancestors of the plaintiffs and the defendants by which a portion of Plot No. 6661 was given to the defendants'/their ancestors in lieu of portion of Plot No. 8147, however, defendants started obstructing in use of Schedule-Ka land and they put up bricks on the said land resulting in filing of the suit in question. The further case of the plaintiffs-petitioners herein is that on account of mistake it had been wrongly stated in the plaint that Plot No. 8148 belongs to the Railways but after obtaining the R.S. map, it has transpired that Plot No. 8148 belongs to the defendants. Further there has been some mistake in depicting the disputed land and the plaintiffs want to correct the area of disputed land by extending it to strip of R.S. Plot No. 8148, connecting from the road as well.