GULBAHAR SHEIKH Vs. SANJAY KUMAR PANDEY

JUDGEMENT

(1.) THIS civil revision application under Section 115 of the Code of Civil Procedure is directed against the judgment and order dated 24.2.1999 passed by 1st Sub -Judge, Garhwa in Title Suit No. 8/97 whereby the trial Court has decreed the suit filed by the plaintiffs -opposite parties under Section 6 of the Specific Relief Act and has ordered for delivery of possession of the suit property to the plaintiffs -opposite parties.

(2.) THE plaintiff -opposite parties filed the aforementioned title suit for a decree for putting them in possession of the suit property by the process of Court after evicting the defendants -petitioners therefrom. Plaintiffs' case, in short, is that the suit land measuring 10 -1/2 decimals comprised of plot No. 17 within Khata No. 31 of village, Jhalua along with structures standing thereon was purchased by them from Md. Issa Sheikh and Md. Israil Sheikh by virtue of two registered sale -deeds dated 24.10.1991 and 6.4.1996 and thereafter they came in possession of the same. The plaintiffs, after purchase, got their names mutated after proper verification and compliance of all formalities vide Mutation Case No. 68/1996 -97 and are paying rent to the State of Bihar. Plaintiffs' further -case is that they constructed boundary wall which pucca bricks and fixed a gate for entry. They also constructed two rooms which were tiled roof with wooden doors fitted with bricks. It is alleged that they have been residing in the suit property with their family members. It is further alleged that the defendants, being influenced by some local politics and in collusion with the district administration, dispossessed the plaintiffs from the suit land on 18.6.1996 by forming unlawful assembly without the consent of the plaintiffs.

(3.) THE trial Court framed the following issues for consideration :