URMILA DEVI MITTAL Vs. UDAY NARAYAN SINGH

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 dtd. 24/8/2016 passed by the learned District Judge-I, Dhanbad in Title Appeal No. 86/2013 whereby and where under, by the said judgment of concurrence, the learned first appellate court dismissed the appeal and confirmed the judgment and decree passed by the learned trial court being the court of Civil Judge (Sr. Div.)-V, Dhanbad in Title (P) Suit No.135 of 2005 dtd. 27/6/2013.

(3.) The case of the plaintiffs in brief is that the suit property was originally purchased by Mr. Paramjeet Marwa and Mr. Bhupendra Gerwal vide six different sale deeds. The said Parmajeet Marwa and Bhupendra Gerwal sold and transferred the suit land to Amrik Singh. Amrik Singh transferred the same to Sri Ram Swarap Singh. Ram Swarap Singh sold the land to the plaintiffs being Urmila Devi Mittal and Smt. Anjana Mittal. The plaintiff no.3 also purchased the part of the suit land from Naresh Kumar Gupta and the plaintiffs Ashok Kumar Agarwal and Anup Kumar Agarwal purchased part of the suit land from Mahendra Singh and Kartar Singh and they have been coming in peaceful possession of the suit land but suddenly in the month of February, 2005, the defendants started to disturb their possession and the plaintiffs made complaint to the Superintendent of Police and a proceeding under Sec. 144 Cr.P.C. was initiated but subsequently, the same was dropped and the defendants ousted the plaintiffs forcibly. It is further the case of the plaintiffs that originally there was six defendants in the suit but subsequently, purchasers was later on impleaded as defendant nos.7 to 14.