ANIL KUMAR BARNAWAL Vs. BHARAT LAL BURNAWAL

JUDGEMENT

(1.) This appeal is against the judgment and decree passed by learned Additional District Judge, F.T.C.-III, Dhanbad in Title Appeal No. 175 of 2006, upholding and affirming the judgment and decree dated 12m September, 2006 passed by learned Munsif-I, Dhanbad in Title Suit no. 73 of 2004. The plaintiff is the appellant. He had filed the said Title Suit no. 73 of 2004 against the defendant/respondent, praying for a decree declaring that he is registered owner of the suit vehicle and the defendant has no manner of right, title and interest over the same.

(2.) The plaintiffs case, was that he is registered owner of Auto Rickshaw, bearing Registration No JH-10A-5126. On 14th April, 2004, the defendant forced the plaintiff to take drinks in a party. The plaintiff and the defendant were friends and as such he obliged the defendant by taking drink, but lost his senses. The defendant, taking advantage of the situation, managed to get signature of the plaintiff and forged some papers and removed the papers of the said vehicle. The defendant, thereafter, started claiming that he has purchased the vehicle from the plaintiff. When the plaintiff came to his senses, he went to Bank More Police Station on 16th April, 2004 for lodging Information regarding the said incident dated 14th April, 2004, but the police authorities were busy in election duty and no action was taken. The plaintiff, thereafter, gave information to the District Transport Officer, Dhanbad about the loss of R.C. Book. It was averred that he had not transferred the vehicle to the defendant and the defendant has no right title over the said vehicle.

(3.) The defendant contested the suit by filing written statement, it was stated. Inter alia, that the plaintiff was the registered owner. He sold the vehicle to the defendant on a valuable consideration of Rs. 61,000/-. The plaintiff had, thereafter, delivered possession of the said vehicle and also acknowledged receipt of the consideration amount. The plaintiff had also sworn affidavit dated 15th March, 2004 regarding the sale of the vehicle and receipt of Rs. 61,000/- from the defendant. Against the said vehicle, some road tax was due. The plaintiff, therefore, executed Form Nos. 29 and 30 of Central Motor Vehicles Rules and filed the same to the registering authority. All the relevant papers were submitted before the District Transport Officer, Dhanbad by the plaintiff. Fees were also deposited through challan dated 24th March, 2004 In the Treasury Office, Dhanbad. After some time, the plaintiff with dishonest intention intercepted the vehicle on road and forced the driver at gun point to take the same to his residence. The defendant, on getting information about the Incident, lodged F.I.R. in Dhanbad Police Station. The incident was also reported to the Deputy Commissioner and Superintendent of Police, Dhanbad. A case was registered against the plaintiff. In order to create defence, the plaintiff also filed a complaint case against the defendant, being C.P. Case no. 555 of 2004. It has been stated that the entire allegation of the plaintiff Is wholly false and baseless.