BINAY PRAKASH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner , learned counsel for the respondent - Ranchi Municipal Corporation and the State.

(2.) The brief fact of the case as are necessary to be noticed for deciding the present matter are as follows: A Title Suit No. 112 of 2006 was instituted for declaration of right, title , interest and confirmation of possession as also for recovery of possession and for temporary injunction by the plaintiff / petitioner herein against the defendant No.1 / respondent no.2 - Ranchi Municipal Corporation in respect of M.S Plot no. 1735 measuring an area of 0.281 acres situate at village Chandri, Sarda Babu Street, P.S. Kotwali, Ranchi as described in the schedule there in. The Defendant no.1 / Respondent no.2 herein filed written statement and also claimed exclusive title and possession over the suit land.

(3.) Plaintiff's claim was based upon the deed of sale dated 17.5.2002, which was in respect of plot no. 1736 having been conveyed through vendor Satish Chandra Ghosh. It is not in dispute between the parties that the right, title, interest and possession over the plot no. 1736 of the vendor was affirmed up to the Apex Court in Civil Appeal No. 1034 of 1971 arising out of Title Suit No. 57 of 1957 decreed by the learned Court of Special Subordinate Judge, Ranchi. The plaintiff got the deed of rectification executed with Defendant no. 2 to 6 including M.S. Plot no. 1735 by registered deed dated 7.8.2007. An injunction petition was filed before that on 11.7.2006 (Annexure -E to the counter affidavit filed by the respondent no.2) by the plaintiff and rejoined by the Defendant no.1/ respondent no.2, Corporation on 27.7.2006(Annexure -F).