SHEOBRAT DUBEY Vs. LAKSHMINIYA DEVI

JUDGEMENT

(1.) This application filed under Article 227 of the Constitution of India is directed against the order dated 23.2.2007 passed by District Judge, Latehar in Title Appeal No. 4/2006 whereby he has rejected the application filed by plaintiffs/appellants under Order XLI, Rule 27 of the Code of Civil Procedure and refused the prayer to adduce additional evidence.

(2.) THE facts of the case lie in a narrow compass: Petitioners filed Title Suit No. 13/2002 for declaration of the right title and possession over the suit land comprising to Khata No. 7, plot No. 21, area 4 decimals and another plots situated at village Chandwa, District Latehar. According to the plaintiffs/petitioners the land in question was recorded in the name of Eta Oraon and Manadeo Oraon, sons of Kira Oraon in the last Cadestral Survey and settlement operation. It was alleged that after preparation of survey record of rights Mahadeo Oraon and Eta Oraon separated with each other through partition among themselves and in the said partition the land of plot No. 22 besides other plots was allotted to Mahadeo Oraon and plot No. 21 besides other plots was allotted to Eta Oraon. Mahadeo Oraon alleged to have died issue -less in the year 1930 and after his death there was no arrangement for payment of rent. As a result of which the ex -landlord resume possession of the land of Mahadeo Oraon. The ex -landlord then made oral settlement of Plot No. 22 in favour of Ram Chandra Dubey, father of the plaintiff/petitioners. Various other facts have been pleaded in the written statement including that some disputes arose with regard to possession of plot No. 21 and plot No. 22 and the punches of the village resolved the dispute and punchanama was prepared on 28.9.1994. On the basis of said punchanama, it is alleged that parties got their name mutated before the Circle Officer. However, this dispute could not be resolved even after preparation of punchanama.

(3.) I have heard learned Counsel for the parties.