JUDGMENT :

Arun Kumar Jha, J.

The instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 19.09.2019 passed by the learned Subordinate Judge-VIII, Patna in Title Suit No. 125 of 2017 whereby and whereunder the plaint of the aforesaid suit was rejected apart from other reliefs.

2. Case of the petitioner, shorn of unnecessary details, is that the plaintiff/ petitioner which is a duly registered cooperative society has filed Title Suit No. 125 of 2017. The plaintiff society acquired 123 katha of land of different plots from father of performa defendant through various registered sale deeds. The present suit is with regard to one of the colonies of the plaintiff society situated at Hanuman Nagar in which there is a plot bearing no. 900, measuring an area of 16 katha 3 dhur 16 dhurki which was purchased through three different deeds of sale dated 15.06.1982 and 16.06.1982. According to the lay out plan, the plots were allotted to the members of the society. In extreme east of the aforesaid land, 4 katha 16 dhur of land has been left by the society for construction of Community Hall and Shop for use and the benefit of its members. Res