BAIDYANATH SARKAR Vs. SANICHAR KISKU AND ORS.

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 07.03.2019 passed in Title Suit No. 161 of 2015 by the Civil Judge (Sr. Div.)-III, Dhanbad, is under challenge, whereby and whereunder petition filed by the petitioner dated 01.10.2018 under Order 1 Rule 10(2) of the C.P.C. read with Section 151 of the C.P.C., has been rejected.

(2.) It is the case of the petitioner as per the pleading made in the writ petition that the land appertaining to Khata No. 15 having 38 plots, total area 16.91 acres in mouza Kusumdaha @ Bagula recorded in the name of Prafull and Bibhuti Bhushan Sarkar. The petitioner being the only surviving descendant of the recorded tenant have right, title and interest over the said property. Khata Nos. 8 and 9 bearing plot no. 74, area 0.3 decimal, plot no. 75, area 0.3 decimal and plot no. 76, area 18 decimal, total 24 decimals under Khata No. 15 was recorded in the cadastral survey in the name of Maha Majhi, ancestors of the plaintiff and defendant as dar-raiyat.

(3.) The respondent nos. 1 to 3(plaintiffs) have filed Title Suit No. 161 of 2015 against the respondent nos. 4 to 13 (defendants) to the suit with respect to the land appertaining to C.S. Khata Nos. 8 and 9 (Revisional Survey Khata No. 44) bearing plot nos. 74, 75 and 76 by wrongly describing the area of the suit land of mouza Kusumdaha @ Bagula for a decree for declaration of plaintiff's right, title, interest and confirmation of the possession over the suit land and for permanent injunction.