(1.) THIS appeal is against the judgment and decree dated 5th April, 2011 passed by learned District Judge, Sahibganj, whereby he has dismissed Title Appeal No.38 of 2009 and affirmed the judgment and decree of the learned Trial Court passed in Title Suit no.7 of 2006.
(2.) THE plaintiffs are the appellants. They had filed title suit in the court of learned Subordinate Judge, Sahibganj, being Title Suit no.7 of 2006, praying, inter alia, for declaration of right, title and interest over the suit plot and for confirmation of possession or alternatively for recovery of possession, if they are found dispossessed by the defendants. They further prayed for a decree for removal of the structure constructed by the defendants over the suit plot or for demolishing the same through the process of court.
(3.) ACCORDING to the plaintiffs, they acquired the land of Plot no.285 and constructed a residential house in 1986 and have been residing in the same since then. The said plot was purchased by the plaintiffs by an agreement of sale. The land was recorded in the name of the plaintiffs in the municipal record. The defendants purchased Plot no.283 from Tura Dhangar by an agreement of sale dated 7th November, 1987. In between the house of the plaintiffs and the defendants, Plot no.284 belongs to Tura Dhangar. The plaintiffs had difficulty of egress and ingress to and from the residential house, purchased 4 Dhurs of land of Plot no.284 by an agreement of sale dated 7th April, 1995 and came in possession of the same since then. The said land of Plot no.284 is the suit property, which is described in Schedule -B of the plaint. Since the transfer of the land required permission from the competent authority, the said Tura Dhangar had filed a petition dated 20th April, 1996 for that purpose. The same was registered as P.R. Case no.33 of 199697, in the court of Additional Collector, Sahibganj. The suit land has been in possession and ownership of the plaintiffs and the same is being used as their ingress and egress. The defendants have absolutely no right, title and interest over the suit plot, but they had greedy eyes over the said land. In order to encroach upon the said land, the defendants tried to fix a door having opening in the said plot and to put wall on the said land blocking the passage and NIKAS of the plaintiffs on 25th April, 1996. The plaintiffs objected to the same. The dispute between them led to a proceeding under Section 144 Cr. P.C. The said proceeding was converted into a proceeding under Section 145 Cr. P.C. and was registered as T.P. Case no.66 of 2003. The said proceeding was ultimately dropped by order dated 22nd October, 2003. The plaintiffs preferred revision before the Sessions Judge, Sahibganj, being Cr. Revision no.61 of 2003, but the same was also dismissed by order dated 6th October, 2005. The plaintiffs, thereafter, filed the said suit.