LUCAS KHARIA Vs. BARAIK BAHADUR SINGH

JUDGEMENT

(1.) THIS appeal at the instance of the defendant -appellants has been preferred against the impugned judgment and decree dated 30.3.1989 and 22.4.1989 respectively passed in Title Appeal No. 17 of 1986 by Shri Shamsher Bahadur Singh, Additional District Judge, Gumla whereby and whereunder this appeal was allowed and the judgment dated 10.3.1986 passed by Shri U.N. Sinha, Munsif, Gumla in Title Suit No. 28 of 1981 was set aside.

(2.) THE plaintiff -respondents had filed the said title for declaration of his title and confirmation of possession and in the alternative for recovery of the possession in respect of the suit land fully described in the schedule appended at the foot of the plaint and also sought further relief for a declaration that the order dated 24.8.1973 passed in S.A.R. Case No. 152 of 1972, order dated 7.11.1977 passed by Additional Collector, Ranchi in Revenue Appeal No. 63R/15 of 1974 and 1975 and order dated 3.3.1981 by the Commissioner, Ranchi in Revenue Revision Case No. 279 of 1977 are illegal and not binding on the plaintiff respondents.

(3.) THE case of the defendant -appellant, inter alia, is that the suit of the plaintiff -respondent is not maintainable and barred by law of limitation and resjudicata and the suit land was never transferred to Dwarika Singh by executing a document of conditional sale by their ancestors and they were wrongly and illegally dispossessed by the plaintiff -respondent from the suit land in the year 1978 and their possession was restored over the suit land as per the order passed in the said S.A.R. case. It is also alleged that Title Suit No. 167 of 1969 was filed at the instance of the plaintiff -respondent in the name of Eto Kharia and the order in the proceeding under Section 145 of the Code of Criminal Procedure is illegal in view of the order passed by the Revenue Courts regarding the restoration of possession of the suit land in favour or the defendant -appellants.