ADMINISTRATOR, RANCHI MUNICIPAL CORPORATION, RANCHI Vs. SHRI GULAM NABI ANSARI,S/O LATE MD. ALI, RESIDENT OF PURANI RANCHI, P.S.KOTWAI, P.S.NO.205, DISTRICT

JUDGEMENT

(1.) The instant Second Appeal has been preferred against the judgment and decree dated 30.05.2002 passed by the court of the learned 7th Addl. Judicial Commissioner, Ranchi in T.A.NO.64 of 1999 whereby the lower appellate court set aside the judgment and decree of dismissal of Title Suit No. 213/1995 by the learned Subordinate Judge-VII, Ranchi. The first appellate court, while allowing the appeal, however remitted the matter to the trial court for measurement, demarcation and delineation of the suit land of the plaintiff.

(2.) For the sake of convenience the original plaintiff i.e., respondent-Ist party, herein shall be referred to as the plaintiff and the appellant herein, shall be referred to as the defendant.

(3.) Brief facts of the case is that the plaintiff instituted the suit for declaration of his right, title and interest over the suit property and also for confirmation of possession. The suit property is a piece of land within Khata No. 43, C.S.Plot No.254, area 40 decimals corresponding to M.S.Plot No. 1602, area 24 decimals of the said total 40 decimals. It is alleged that in the cadestral survey the land was recorded in the name of the grand father of the plaintiff. That sometimes in the year 1929, some land within the said plot was acquired for construction of road and as a result of the acquisition, compensation was paid to the predecessor of the plaintiff but some portion of the land, which was not acquired, was possessed by the plaintiff. It is alleged that in course of mutation, some dispute arose due to which the suit was instituted by the plaintiff.