Decided on March 10,2021

Nawal Kishore Sureka Appellant
STATE OF BIHAR Respondents


CHAKRADHARI SHARAN SINGH,J. - (1.) The petitioners are seeking a direction to the State respondents to restore their possession over a two-storey building standing over plot no. 474, 472, 475, 447, 458, 459, 466, 470, 461, 462 and 471 which according to them, is their personal property over which they have right, title and interest. Further, they are seeking an order from this Court restraining the District Magistrate, East Champaran at Motihari from interfering with the said property except in accordance with law.
(2.) It is their case that the aforesaid plots appertaining to Khata No. 122 was transferred in the name of one Manbhari Kuar, the grandmother of petitioner no. 1, by one Maulvi Mahmood Alam and Md. Safiruddin through registered sale deeds no. 1700 and 1701 dated 12.02.2014. The land was mutated in her name and she started paying rent, which was paid up to the year 2020-21. A land possession certificate was also issued in her name by the Circle Officer, Sadar, Motihari, East Champaran. After the death of Manbhari Kuar in 1948, father of petitioner no. 1 came into possession over the plots and in 1965, he constructed a two-storey building over the plots, which he would rent for seminars and marriages etc. The father of petitioner no. 1 (Murlidhar Sureka) died in 1978 whereafter petitioner no. 1 took over the said property.
(3.) It is the petitioners' specific case that no Dharamshala ever existed over the said plots and the building is still known as Marwari Vivah Bhawan.;

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