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2015 Supreme(Jhk) 1014

SHREE CHANDRASHEKHAR
Prayag Mandal – Appellant
Versus
Gokul Chandra Mandal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. S.N. Das, Ramchander Sahu
For the Respondent Nos. 1, 3 & 6: Mr. Rupesh Singh

ORDER :

Aggrieved by order dated 15.05.2014 in Title Suit No. 124 of 2012 whereby, application under Order XXII Rule 4 CPC r/w Order 1 Rule 10 CPC has been dismissed, the present writ petition has been filed.

2. The petitioners are plaintiffs in Title Suit No. 124 of 2012. The suit was filed for a declaration of their title and confirmation of possession. The plaintiffs asserted that land under Khata No. 81 in Mouza Kolakusma was originally held and possessed by Daya Mandal, Pabi Mandal and Mati Mandal. The said raiyats executed giftdeed in the year, 1935 in favour of Khudu Mandal and put him in possession over the land under various khata numbers in Plot No. 3458. Khudu Mandal transferred 1.20 acres land in Plot No. 3458, about 33 decimals land in Plot No. 3387 and about 1.97 acres land in Plot No. 3387 under Khata No. 32 vide sale-deed dated 27.04.1940 in favour of Babulal Mandal and Aku Mandal. The plaintiffs are legal heirs and successors of Babulal Mandal and Aku Mandal and they are in peaceful possession of the lands comprised in sale-deed dated 27.04.1940. The defendant nos. 2, 3 and 4 or their legal heirs appeared in the suit and filed common written statement raising various









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