RAJESH SINGH Vs. BALESHWAR PRASAD

JUDGEMENT

(1.) Heard the parties.

(2.) This second appeal has been preferred under Sec. 100 of Code of Civil Procedure against the judgment and decree of concurrence dtd. 3/2/2007 passed by the Additional Judicial Commissioner-XVII, Ranchi in Title Appeal No.80 of 1987 by which the learned first appellate court has dismissed the suit of the plaintiff- appellant and held that the judgment and decree by which the Title Suit No.70 of 1975 passed by the trial court being the court of Additional Munsif, Ranchi requires no interference.

(3.) The case of the plaintiff-appellant in brief is that the suit land has been recorded in the name of Fauda Mahato and Karinath Mahato and consequent upon the partition between them, the suit plot fell in the share of Fauda Mahato. There was a dispute between Fauda Mahato on the one hand and Bimal Das Gupta and Mathura Singh Ramnath Singh on the other hand which led Fauda Mahato to file Title Suit No.92 of 1967 in the court of Sub-ordinate Judge, Ranchi. The said Title Suit No.92 of 1967 was compromised and by virtue of the said compromise entered into between the parties in Title Suit No.92 of 1967, Bimal Das Gupta and Mathur Singh Ramnath Singh acquired title of the suit land. The plaintiff purchased the suit land from Shri Bimal Das Gupta and Shri Mathur Singh Ramnath Singh vide registered sale deed dtd. 25/5/1968 for a consideration of Rs.4,000.00 and later on 29/12/1973 as the defendants interfered with the possession of the plaintiff over the suit land, the plaintiff lodged a report with Kanke Police station on the basis of which a proceeding under Sec. 144 Cr.P.C. was drawn up vide Miscellaneous Case No.1372 of 1973 and the said proceeding was converted into proceeding under Sec. 145 Cr.P.C. and the magistrate erroneously ordered on 28/2/1974 declaring the possession of the defendant over the suit plot. The plaintiff filed the suit with prayer for declaring title over the suit land, decree for recovery and delivery of possession through court by appointment of pleader commissioner, cost of the suit and other reliefs.