JUDGMENT (CAV)

Heard learned counsel for the parties.

2. The instant Civil Miscellaneous Application has been filed against the order dated 08.01.2018 passed by the learned Sub-Judge 1st Bhabhua, Kaimur in Title Suit No. 68 of 2011 by which the petition of the plaintiff / respondent No. 1 herein under Order 6 Rule 17 and Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’) has been allowed.

3. The brief facts of the case are that the plaintiff / respondent No.1 filed a suit bearing Title Suit No. 68 of 2011 for declaration that the plaintiff has title over the suit land and the defendant has no concern with the land in question. The basis of the suit is that the rent receipt in favour of plaintiff has been granted by the ex-landlord and return in this regard was submitted by the ex-landlord at the time of Zamindari abolition. The records of right has been prepared in the name of plaintiff during the revisional as well as consolidation proceeding and plaintiff is in possession of suit land and acquired ownership right on the suit land. However, the Halka Karamchari on 05.02.2011 refused to grant rent receipt stating that Register-II was prepared in