LAXMIN SWANSI Vs. SANICHARIA SWANSI

JUDGEMENT

(1.) THIS second appeal is against the judgment and decree dated 6.8.1992 passed by 7th Additional Judicial Commissioner, Ranchi in Title Appeal No. 20/87 dismissing the appeal and confirming the judgment and decree dated 28.6.1986 passed by Additional Sub -ordinate Judge, Ranchi in Title Suit No. 155/1982. The appellant was the plaintiff in the said suit. She prayed for relief for declaration of her right, title, interest and possession over the suit land and also for declaration that the order dated 21.1.1981 passed in Case No. M 4/7 and order dated 5.5.1982 passed in Cr. Rev. No. 133/1981 are contrary to law, inoperative, illegal and void. The plaintiff also prayed for alternative relief for delivery of possession in favour of the plaintiff - proforma defendant, in the event of finding that the appellant was dispossessed from the suit land.

(2.) THE suit land, as described in the schedule appended to the plaint, is the land of Village - Ziarappa, P.S. - Khunti, Thana No. 227, District - Ranchi, appertaining to Khata Nos. 10 & 11, measuring total area of 9.33 Acres.

(3.) THE defendant -respondent -respondent contested the suit by filing written statement. It was, inter alia, averred that the suit is not maintainable, as the same is barred under the provisions of the Limitation Act and under the provisions of Section 34 of the Specific. Relief Act and also by waiver, estoppal and acquiescence. The plaintiff has absolutely no right, title and she was never in possession of the suit land. The plaintiff has no cause of action for the suit. The plaintiff has been residing in Village - Ziarappa, but her village has been wrongly shown as Gutgora. The suit land was admittedly recorded in the name of Karma Swansi, who happened to be the grandfather of the defendant. Karma Swansi died leaving behind his son Bheru Swansi, who had been in exclusive possession of the suit land. After the death of Bheru Swansi, the defendant being the daughter of Bheru Swansi came in possession over the suit land. Karma Swansi never transferred the possession of the suit land to his uncle Etwa Swansi. The plaintiff - proforma defendants had been claiming their right, title without any valid transfer of the land by the defendant - grandfather of the descendants. The suit land is in continuous peaceful possession of the defendant. The claim of possession made by the plaintiff was decided in 145 Cr.P.C. in which the defendants' possession has been declared and the plaintiff was restrained from interfering with the possession. The said order is well considered and legal. There is no infirmity or illegality in the said order. The plaintiff is, thus, not entitled to any relief and the suit is liable to be dismissed.