LAKHAN PASWAN Vs. SHIWNANDAN PD

JUDGEMENT

(1.) THE defendants -petitioners have filed the present application challenging the order dated 16.5.89 passed by the Munsif, Hilsa in Title Suit no. 24/1983 rejecting their objection to the maintainability of the suit.

(2.) THE plaintiffs _ opposite parties filed the aforesaid suit for declaration of their title, confirmation of possession to the suit land and for declaration that the claim of the defendants as Bataidar is false and untenable and in the alternative in case plaintiffs are not found in possession over the suit land then the delivery of possession may be given to them.

(3.) THE defendants filed a written statement and challenged the maintainability of the suit on the ground that the order passed by the D.C.L.R. under section 48E or on appeal under 48F of the Act is final and the same shall not be called in question in Civil Court. They also challenged the title and possession of the plaintiffs over the land in question, which is not to be detailed for the reason that the same is not necessary for disposal of the present controversy.