PATNA, India, July 7 -- Patna High Court issued the following judgment on July 1:
Heard learned counsel for the parties and I intend to dispose of the instant petition at the stage of admission itself.
2. The present civil miscellaneous petition has been filed against order dated 24.05.2018 passed by learned Sub Judge-XIII, Bhagalpur in Title Suit No. 841 of 2013 whereby and whereunder the petition dated 08.01.2018 filed on behalf of the intervenors/respondents 2nd set under Order 1 Rule 10(2) of the Code of Civil Procedure (in short "the Code") for adding them as defendants has been allowed.
3. Briefly stated, facts of the case, as it appears from the record are that the present petitioners are heirs/legal representatives of the original petitioner Kamleshwari Sah who filed Title Suit No. 841 of 2013 for declaration of his title over the suit land bearing old Khata No. 52, old Khesra No. 459 measuring an area of 40 dismal within Mauza-Chandpur, Thana No.-241, P.S.-Sultanganj, District-Bhagalpur. The petitioner claimed that the suit land was recorded as "Gair Majarua Malik" in the cadestral survey records and four persons, namely Munshi Sah, Tirchu Sah, Luri Sah sons of Amrit Sah were shown one hissa and Beni Sah, son of Gurudayal Sah, was shown having one hissa. The aforesaid four persons surrendered the land to ex-landlord Babu Pran Mohan Thakur and Babu Ugra Mohan Thakur on 26.04.1915. Thereafter one Parnu Sah acquired the suit land by means of Hukumnama which was executed by ex-landlord Babu Pran Mohan Thakur and Babu Ugra Mohan Thakur. Parnu Sah used to cultivate the land as his name was mutated in the Sirista of ex-landlord and he obtained rent receipts on payment of rent to the ex-landlord. After his death, his four sons came into peaceful possession over the aforesaid land. Thereafter an amicable partition took place amongst his four sons for the land bearing Khata No. 52, Khesra No. 459, Area 25 decimal was alloted in share of Fuleshwar Sah, one of the sons of Parnu Sah. After the death of Fuleshwar Sah, his two sons namely, Shambhu Sah and Kamleshwari Sah, the petitioner came in peaceful possession of the said land. Again an amicable partition took place between Shambhu Sah and Kamleshwari Sah in the year 2007 and the aforesaid land was allotted in the share of Kamleshwari Sah. During revisional survey Plot No. 746 has been carved out from Plot No. 459 measuring an area of 48 decimal and Khata No. 52 was converted into Khata No. 221 and it was recorded in the name of "Anabad Bihar Sarkar" in the records of right. That the land of Khata No. 221, Khesra No. 746 measuring an area of 21 decimal is the subject matter of the suit fully described in Schedule A of the plaint. After nala and rasta has been carved out, the area of the said land was reduced by four decimal and only 21 decimal land remained in possession of the plaintiff. On the basis of entry in the survey kahtiyan, in the name of State of Bihar, Anchaladhikari, Shahkund threatened the plaintiff/petitioner to dispossess him from the suit land on 01.03.2012 and then the plaintiff came to know about the entry in the revisional survey khatiyan in the name of State of Bihar and serving a notice under Section 80 of the Code, filed the present title suit. However, during pendency of the title suit filed by the plaintiff, the intervenors/respondent nos. 3-10 filed an application under Order 1 Rule 10(2) under Section 151 of the Code on 08.01.2018 for impleading them as defendants.
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Disclaimer: Curated by HT Syndication.
