ABDUL SATTAR ANSARI Vs. AZIZ ANSARI

JUDGEMENT

(1.) Heard the learned counsel for the parties. The plaintiff-opposite party No. 1 has filed counter affidavit.

(2.) This civil revision application is directed against the order dated 18-11-2002 passed by 1st Additional District Judge. Bokaro in Misc. Appeal No. 57/2002 whereby he has set aside the order dated 30-8-2000 passed by Munsif Bokaro at Chas in title suit No. 88/97 and has allowed the application filed by the plaintiff-respondent under Order XXXIX, Rules 1 and 2, CPC.

(3.) The facts of the case lies in a narrow compass. The plaintiff-respondent, being a displaced person was given employment by Bokaro Steel Ltd. His case is that he was allotted a piece of land measuring an area of 10 decimals comprised within plot Nos. 1101, 1099 and 1100. It is alleged that defendant No. 1 was also allotted 12 decimals of adjacent land but he was in illegal possession of the same. Plaintiff's further case is that since defendant No. 1 was trying to encroach upon the land allotted to the plaintiff, a proceeding under Section 144, Cr.P.C. was initiated and later on converted into a proceeding under Section 145, Cr.P.C. vide M.P. Case No. 12/ 80 of 1980. The said proceeding was decided and possession of the land in question was declared in favour of the defendant No. 1. The plaintiff, therefore, filed the aforementioned suit for declaration of the title and confirmation of possession and also" for permanent injuncitori.