KAILASH YADAV Vs. SATIYA GOWALIN

JUDGEMENT

(1.) The petitioners, who are plaintiffs in Title Suit No. 03 of 2003, are aggrieved of order dated 22.12.2014 by which their application filed under Order XLI Rule 27 CPC in Title Appeal No. 18 of 2008 has been dismissed.

(2.) Title Suit No. 03 of 2003 was instituted by the petitioners for a decree for declaration of their right, title and interest and confirmation of possession over the suit land and, in the alternative, for a decree for recovery of possession of the suit land if they are found dispossessed. The plaintiffs have pleaded that the land comprised under Khata No. 60 within Plot No. 447 at village-Tilhaith was recorded as Gair Mazarua in the name of the landlords in the Cadastral Survey of record of rights. After the death of the landlords, finally Uday Prasad son of late Bageshwari Prasad and the widow of Kaushlendra Kishore sold 5.59 acres land comprised under Plot No. 447 within Khata No. 60 by virtue of sale-deed dated 24.05.1988 for valuable consideration. The plaintiffs have pleaded that on an enquiry by the Halka Karamchari and the Circle Inspector they were found in possession over the suit land by virtue of the sale-deed dated 24.05.1988 and accordingly, the Circle Officer after making enquires and publication of the general Istehar inviting objections ordered mutation in their name. In support of their stand that they have derived valid title by virtue of the sale-deed dated 24.05.1988 and they are in possession over the suit land, the plaintiffs have pleaded that they have been paying rent regularly to the State. There is a reference of a proceeding initiated at the instance of the defendant no. 1, who is the wife of defendant no. 2, vide Case No. 104 of 1994 under Section 144 Cr.P.C which was finally dropped on 28.12.1994. It is pleaded that the defendants in collusion again got a proceeding under Section 145 Cr.P.C initiated against the plaintiffs. In the said proceeding the defendants have laid a claim over 4.85 acres land by virtue of Hukumnama of Sambat 2007. That is the cause of action disclosed by the plaintiffs for instituting the suit.

(3.) The defendants have filed their written statement asserting that after vesting of Zamindari they have been paying rent to the State of Bihar. They have pleaded that the ex-landlord namely, Babu Kaushelendra Kishore settled 4.85 acres land comprised under Khata No. 60 including 0.50 decimal land in Plot No. 447 through a written Hukumnana executed in favour of Satiya Devi and the settlee was paying rent to the landlord before vesting of Zamindari.