BHAGWAN DAS GUPTA Vs. KRISHNA MISTRY

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) THE application is directed against the order dated 28.9.2007 passed by the Additional Munsif, Hazaribagh in Title Suit No. 55/99 whereby the petition filed by the plaintiffs under Order VI Rule 17, CPC has been rejected on the ground, inter alia, that the plaintiffs, by way of amendment, sought to resile from the admission made in the plaint.

(3.) THAT so long Jago Sao, the deceased father of the plaintiffs and Fagu Mistry, the deceased father of defendant remained alive, they continued in possession of their respective exchanged land. Meaning thereby, the plaintiffs' father came and continued in possession of the suit land detailed and described in Schedule A of the plaint acquiring, perfecting and confirming of his title over the same and after his death the plaintiffs being his legal heirs and successors came in physical possession thereof and therein by stepping into the shoes of their deceased father and have still been continuing the same uninterruptedly. Alike the plaintiffs and plaintiffs father the deceased father of the defendants also came in possession and continued in possession of Schedule B land acquiring and confirming his title over it and after the death of Fagu Mistry, the defendants being his legal heirs and successors came in possession of the same and have been continuing the same by stepping into the shoes of their father.