Janardan Kumar vs Chandan Pratap Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 939

ARUN KUMAR JHA
Janardan Kumar – Appellant
Versus
Chandan Pratap Singh – Respondent

Advocates:
For the Petitioner: Mr. Arun Kumar.
For the Respondents: M/s Anil Kumar Tiwary.

Arun Kumar Jha, J.—The present petition has been filed under Article 227 of the Constitution of India challenging the order dated 26.06.2019 passed by learned Munsif 1st, Chapra in Title Suit No. 03/2016 whereby and whereunder the petition dated 03.06.2019 filed by the plaintiff/petitioner for marking as exhibit photocopy of the attested true copy of Taksimnama (Memorandum of Partition) dated 29.09.1984, stated to be the true copy of its original dated 12.03.1974, has been rejected.

2. Briefly stated, the facts of the case are that the plaintiff/petitioner filed Title Suit No. 03 of 2016 for declaration of deed of Bainama dated 01.12.2009 executed by respondent no.2 in favour of respondent no.1 as void and sham document and also for declaration of his title and confirmation of his possession over the suit land. The plaintiff/petitioner claims to have purchased the land in question from the respondent no.3 through a registered sale deed dated 26.09.2015 and came in possession over the land in question. He also made some structure over the suit land. However, the respondent no. 1 threatened the tenants of the petitioner that they should pay rent to the respondent no.1 as he had got th