Dilip Sharma vs Badal Tiwary - 2023 Supreme(Pat) 1007

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 1007

SUNIL DUTTA MISHRA
Dilip Sharma – Appellant
Versus
Badal Tiwary – Respondent

Advocates Appeared:
For the Petitioners: M/s Shiv Shankar Sharma, Pankaj Kumar.
For the O.P. : M/s Ganpati Trivedi, Sr. Adv., Madan Mohan, Ritik Shah, Aishwarya Shree.

Sunil Dutta Mishra, J. – Heard learned counsels for the parties.

2. This Civil Revision Application has been filed against the judgment dated 16.03.2021 and decree dated 27.03.2021 passed by learned Sub Judge-XIV, Bhagalpur in Title Suit No.703 of 2012 filed under Section 6 of the Specific Relief Act whereby the suit of the opposite party/plaintiff was decreed in favour of the plaintiff.

3. The fact, in brief, is that opposite party/plaintiff filed Title Suit No.703 of 2012 under Section 6 of the Specific Relief Act stating that he had purchased the suit land vide registered sale deed dated 26.11.2007 from the recorded Raiyat (title holder), namely, Jago Mandal for valuable consideration and mutated his name in Anchal Sirista and got rent receipt in lieu thereof. It is further stated that the plaintiff erected boundary wall, installed grill and locked up the gate. The case of the opposite party is that the petitioners/defendants had attempted to take possession of the suit land for which a proceeding under Section 144 of Cr.P.C. was initiated vide Misc. Case No.655 of 2007 in which the S.D.O., Sadar, Bhagalpur decided the said case in favour of the plaintiff’s vendor, namely, Jago Ma

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