PRASANNA NAPIT Vs. AGASTI NAPIT

JUDGEMENT

(1.) This second appeal is against the judgment and decree passed in Title Appeal No. 10 of 2004 dismissing the Appellants appeal and confirming the judgment and decree of learned trial court.

(2.) The Plaintiff had filed the suit in the court of Subordinate Judge, Chaibasa praying for a decree declaring the Plaintiff's right, title and confirmation of possession over the suit land of Plot No. 209 under Khata No. 541 area 51 decimals of village Anandpur, P.S. Manoharpur, District West Singhbhum.

(3.) The Plaintiff's case, in brief, was that the said land was jointly recorded in the name of Sulochana Mundarin wife of Mahendra Napit and Surendra Napit son of Kusto Napit. There was a partition between the recorded tenants and subject matter of the suit being 51 decimals of the land in the said plot was allotted to Sulochana Mundarin. The Plaintiff had purchased the said land from Sulochana Mundarin by virtue of a registered sale deed dated 22.3.1985 for a valuable consideration of Rs. 5000/-. Plaintiff's name was, thereafter, mutated in the office of Anchal Adhikari and he had been paying rent to the State He has been in continuous peaceful possession of the said land. However, the Defendants, who are the sons of Surendra Napit, started obstructing possession of the Plaintiff over the suit land. The dispute led to the proceeding under Section 144 Code of Criminal Procedure. which was later on converted into a proceeding under Section 145 Code of Criminal Procedure. In the said proceeding the Plaintiff's possession was declared by order dated 22.2.1993 and the rule was made absolute against the Defendants, restrained them from disturbing peaceful possession of the Plaintiff. The Defendants did not challenge the said order. But after some time they again started creating disturbance in peaceful possession of the Plaintiff, which gave rise to the cause of action for the aforesaid suit.