RAMESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner's grievance is directed against order dated 01.03.2016 passed in Title Suit No. 73 of 2007. By this order, application dated 04.02.2016, seeking leave of the Court for producing a document which was furnished to the petitioner in response to a query under RTI, has been rejected. And, by order dated 01.03.2016 application dated 09.02.2016 which was filed by the petitioner for calling a competent person from the office of Circle Officer to prove document dated 15.12.2015 has been dismissed.

(2.) Briefly stated, Title Suit No. 73 of 2007 was instituted by the petitioner for declaring his exclusive ownership over the suit land and for a declaration that the defendants have no right, title, interest or possession over the vacant portion of the suit land. A decree for permanent injunction, restraining the defendants or their agents from interfering with the peaceful possession of the plaintiff and from using a portion of the suit land as vehicle stand or collecting toll tax, has also been sought. The plaintiff has claimed that his father was paying rent to Raja Shiva Prasad Singh till the vesting of the land in the State of Bihar, and thereafter his father continued to pay rent to the State of Bihar. After the death of his father the petitioner is paying rent to the State for the suit schedule land. It is pleaded that father of the plaintiff constructed a house consisting of 13 rooms over a portion of suit schedule land and 3 rooms were let out on rent. Other 10 rooms remained under use of the plaintiff's family. The Circle Officer, Jharia vide its letter dated 26.08.2006 intimated defendant no. 2 about peaceful title and possession of the petitioner over the suit land, however, when defendant no. 6 Administrative Officer tried to change the nature of the suit land into a bus stand by issuing an advertisement in the daily newspaper "Dainik Jagaran", the plaintiff issued notice under section 80 CPC. In the suit, the defendants appeared and disputed service of notice under section 80 CPC. The defendants have claimed that the land comprised in plot no. 1849, khata no. 433, mouza-Jharia does not confer any title over the plaintiff or his predecessors. No "Kabuliyat" as required under Section 45 of C.N.T. Act was executed, however, payment of rent and opening of Jamabandi have not been disputed. In the pending suit the aforesaid applications dated 04.02.2016 and 09.02.2016 were filed which have been dismissed vide impugned order dated 01.03.2016.

(3.) Referring to paragraph no. 17 of the plaint, the learned counsel for the petitioner contends that the information provided to the petitioner vide letter dated 15.12.2015 is in response to and continuation to the letters written by the plaintiffs, which have been mentioned in paragraph no. 17 of the plaint. It is submitted that the document dated 15.12.2015 when was provided to the petitioner, it became necessary to bring the said document on record for fortifying the claim of the petitioner in Title Suit No. 73 of 2007.