- (1.) The defendant in the suit is before us aggrieved by and dissatisfied with the judgment and decree dated 18.8.1999 passed by a learned Single Judge of the High Court of Judicature at Patna in Second Appeal No. 29 of 1993 affirming the judgment and decree dated 20.1.1993 passed in Title Appeal No. 20/1985 whereby the appeal from judgment and decree dated 14.3.1985 passed by the Munsif Court, Samastipur, in Title Suit No. 71/1978, was dismissed.
(2.) The basic fact of the matter is not in dispute.
(3.) The appellant herein was a tenant under the respondents. He was, however, said to be a landless person. A Parcha was purported to have been granted on or about 29.9.1969 by the Collector of Samastipur District, in terms of the provisions of Sec. 6 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 ("the Act", for short), the father of the respondents (Nos. 1 to 5) filed a suit for eviction against the appellant herein, purported to be one under Bihar Buildings (Lease, Rent & Eviction) Control Act, 1947. The said suit was dismissed on 27.5.1977. No appeal thereagainst was filed. Another suit, however, was filed in the Court of Munsif-II, Samastipur, which was marked as Title Suit No. 71/1978, on the premise that the said Parcha u/s. 6(2) of the Act, was issued without jurisdiction and the same had been fraudulent obtained. The reliefs prayed for in the said suits are: "(a) On consideration of the above facts the court be pleased to set aside the order of the B.D.O., Pusa passed in case 1166/69-70 on 29.9.69 u/s 6(2) of the Act as being without jurisdiction and fraudulent obtained. (b) Any other relief or relief which may be deemed suitable a decree to that effect may be passed in favour of the plaintiff against the defendant" Sub-sec. (2) of Sec. 6 of the Specific Relief Act, 1963 reads as under: "No suit under this section shall be brought- (a) after the expiry of six months from the date of dispossession; or (b) against the Government.";