MD.SALIM Vs. MD.MUSLIM

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against the order dated .19.'12.2007 passed by Additional Judicial Commissioner. IX, Ranchi in Title Appeal No. 85 of 2005 in terms of which two petitions filed by defendant respondent under Order XXVI Rule 9 C.P.C., have been rejected have heard Mr. Rohit Roy, learned counsel for the petitioner and Mr. P.K. Prasad, learned counsel for the respondent.

(2.) THE facts of the case lie in a narrow compass:

(3.) THE plaintiff/respondent filed the aforementioned suit for declaration of right, title, interest and confirmation of the suit property fully described in the schedule of the plaint and the sale deed on the basis of which plaintiff claimed title and possession. On the other hand, the defendant/ petitioner claimed title and possession over the suit property on the basis of sale deed in which description of the suit property is mentioned. The trial court after considering the entire evidence adduced by both the parties decided the issue and dismissed the suit.