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2019 Supreme(Jhk) 1899

S.N.PRASAD
Ram Lakhan Lohar – Appellant
Versus
Mantu Turi – Respondent


Advocate Appeared:
For the Appellant :D.K. Prasad and Jitesh Kumar, Advocates
For the Respondent: Vineet Prakash, A.C. to S.C. (L&C)-I

JUDGMENT :

S.N. Prasad, J.

1. This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 27.02.2019 as also the order dated 22.04.2019 passed in Title Suit No. 36 of 2011 are under challenge. by order dated 27.02.2019 petition filed under Order VI Rule 17 of the Code of Civil Procedure, has been rejected, vide order dated 22.04.2019 petition filed under order XXIII Rule 1 has been rejected.

2. The brief facts of the case and as per pleading made by the petitioner in the writ petition is that a Title Suit being Title Suit No. 36 of 2011 has been instituted for seeking therein following reliefs;

    (i) For that it be declared that the plaintiffs have absolute right, title upon suit land.

(ii) For that it be declared that the plaintiffs are bona fide Raiyats of suit land.

(iii) For that it be declared that the survey authority have wrongly prepared new survey Khatiyan of New Khata No. 10 in the name of Chandru Turi.

(iv) For that it be declared that the learned D.C.L.R., Latehar has wrongly passed order for cancellation of demand which does not affect right, title and possession of plaintiffs.

3. The case of the petitioners/plaintiffs herein is that

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