G E L CHURCH MECON MANDALI, PARASTOLI, SOUTH OFFICE PARA Vs. JOWANA MINZ @ JOWAN MITRA, WIFE OF ASIT KUMAR MITRA

JUDGEMENT

(1.) The petitioner, which is plaintiff in Title Suit No.82 of 2013 is aggrieved of dismissal of its applications under Order 7 Rule 14(3) CPC and under Order 6 Rule 17 CPC by the impugned order dated 18.08.2017.

(2.) Stand taken by the plaintiff is that amendment in the pleadings and leave to produce documents can be permitted at any stage of the suit.

(3.) Title Suit No.82 of 2013 was instituted by the plaintiff- GEL Church for a decree for declaration of its easementary rights over the suit lands and to permit it to hold prayer and other religious functions over there and for permanently restraining the defendants from causing disturbance to enjoyment of the suit property by the plaintiff. The plaintiff has pleaded that the suit property admeasuring about 3 decimals land under Khata No.34, Plot Nos.64 and 65 corresponding to New Plot No.36 situated at Mouza Hinoo, PSDoranda, Thana No.225, District- Ranchi was allotted to Boas Tigga, Mangal Tigga, Henuk Tigga and Kristo Sahay Tigga by M/s Hindustan Steel Limited. They orally transferred the above land to Jowana Tigga, Dwarika Tigga, Kamala Tigga and Kumari Mariam Kujur and they had orally gifted the aforesaid land to the plaintiff. The suit property is adjacent to the Church, admeasuring an area of 5 decimals land under Khata No.34, Plot Nos.64 and 65 corresponding to New Plot No.01, situated at Mouza-Hinoo, P.S-Doranda, Thana No.225, District Ranchi. The aforesaid land was allotted to Masihdas Tigga by M/s Hindustan Steel Limited. The said Mashidas Tigga has also orally gifted the suit land to GEL Church. In the written statement the defendants have setup a plea that the suit property was transferred by Masihdas Tigga to Naiman Minz for valuable consideration. One of the issues framed in the suit was whether by virtue of agreement to sale dated 16.12.1975 right, title or interest over the suit property was conveyed to Naiman Minz.