BIHARI BARAIK Vs. CHANDRADEO MAHTO

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Prayer in this writ application is for quashing the order dated 4.8.2007 (Annexure-6) passed in Title Appeal No. 89 of 2004 by the Special Judge-cum- Additional Judicial Commissioner, Ranchi, whereby the prayer of the petitioner filed under Order 41 Rule 27 CPC for allowing him to adduce additional evidence by way of proving the cadestral Survey Record of Right and also for restoration of possession of the suit lands, has been rejected.

(3.) Facts of the petitioner in brief is as follows: A Title Suit No. 131 of 1996 was filed in the court of Sub-Judge, Ranchi by the respondent No. 2 against the present petitioner and others for a decree of declaration of his right, title and interest in respect of the suit land mentioned in the schedule of the plaint. The plaintiff's claim is based on the ground that he had purchased the suit land by virtue of a Registered Sale Deed executed by the original defendant Jainath Baraik, who had earlier purchased the same from late Budhan Baraik by virtue of a Sale Deed dated 01.02.1983. Since after the date of purchase, the plaintiff claims to have obtained possession of the suit land and had remained in continuous occupation, but he was forcibly dispossessed on 2.3.1996 by the defendants/appellant