BHAGWAN MISHRA Vs. JASWANT SINGH

JUDGEMENT

(1.) The petitioner, who is the defendant no.1 in Title Suit No.37 of 2016, is aggrieved of order dated 02.08.2018 by which his petition dated 17.01.2018 for appointment of 'Advocate Commissioner' has been rejected.

(2.) Briefly stated, Title Suit No.37 of 2016 has been instituted for a decree for declaration of the plaintiff's title over the schedule-A property. The plaintiff has claimed that he has three brothers and three sisters and schedule-A property was purchased by his father namely, Mela Singh on 22.05.1924 through khuski kewala. In an oral settlement the suit property was allotted to the plaintiff. A power of attorney was executed by the plaintiff on 30.01.2015 in favour of defendant no.2 authorizing him to sell a part of the suit property and the defendant no.2 executed a sale-deed in favour of defendant no.3 for 2 1/5th decimals of land in plot no.443. It was on 10.05.2016 and 18.05.2016 when the plaintiff who was trying to dig a well in the suit property was objected by the defendant no.1 and that is the cause of action disclosed in paragraph no.8 of the plaint.

(3.) The petitioner, who is the defendant no.1, filed his written statement setting-up a claim that by virtue of a registered deed of settlement dated 28.09.1929 executed by the then landlord of 'Ramgarh Raj' in favour of his father namely, Narayan Mishra the suit land came in his father's possession. The defendant no.1 has claimed that his father acquired 0.26 acres of land in plot nos.443 and 444 under Khata No.298 from the recorded tenant namely, Gobardhan Pathak by virtue of a registered sale-deed dated 22.10.1940. He has further claimed that his father was in peaceful possession of the suit land and his name was mutated by virtue of order passed in Mutation Case No.90A of 1962-63 and he has been paying rent to the State.