- (1.) The maintainability of a Civil Suit filed by the respondents being titled suit No. 34 of 1996 filed in the Court of Subordinate Judge, Bhagalpur is the question raised in the Special Leave Petition. The suit is filed with the following prayer:- "That the plaintiffs pray for the following reliefs: (A) The court be pleased to hold and declare that the plaintiffs are the bonafide owners of the suit property having acquired Kayami right (right of occupancy) at the time of last cadastral survey and the entry of the suit property in the Khaitiayan of the defendant is wrong and illegal and result of collusion of survey amlas and did/does not confer any right to the defendant at any material time and the same is not binding upon the plaintiffs. (B) The court be further pleased to restrain the defendant from dispossessing the plaintiffs from the suit property or from disposing of the suit property by passing an order of the temporary injunction till the disposal of the suit.(C) The cost of the suit be awarded to the plaintiff. "
(2.) For the sake of convenience the parties are referred to as they are arrayed in the suit.
(3.) The plaintiffs claim that the Suit Scheduled Property admeasuring 7.29 acres is owned by them and their ancestors and they have been in an uninterrupted possession of the same for the period of about 100 years. The instant suit is filed with the allegation that the defendants (petitioners herein), threatened to dispossess them (plaintiffs) on the ground that the Suit Scheduled Property has been recorded in the name of the defendant in the Consolidation Survey. The Relevant portion of the plaint reads as follows:- "That on 26.11.1995 for the first time the defendant came to the plaintiffs and disclosed that an area on 7.29 acres of land of the family of the plaintiffs have been recorded in the name of the defendant during consolidation survey for which P.S. Plot No. 793 area 5.97 and P.S. Plot No.755 area 1.32 have been made and land P.S. Khata No.4 the above two plots have been included along with other land of defendant so on such knowledge, the plaintiff sent a messenger to Bhagalpur for taking certified copy of Khatiyan of consolidation survey and when the copy of said Khatiyan was delivered to the messenger of the plaintiff on 2.12.1995 the above information of defendant was found to be correct on perusal of certified copy of Khatian aforesaid.";