- (1.) This writ application has been filed for quashing the order dated 27.07.2006 passed by Sub-Judge-I,Dumka in Title Execution Case No.02/1994, whereby and where under he rejected the rejoinder filed by petitioner/judgment debtor and allowed the application of respondent/ decree holder and issued order for delivery of possession in favour of decree holder.
(2.) Respondent no.2 has filed a suit bearing Title Eviction Suit No.24/79 against the petitioner and others for their eviction from the suit property, described in Schedule-'A' of the plaint and also for realization of arrears of rent. It appears that aforesaid suit was decreed in favour of plaintiff/respondent no.2. Thereafter, petitioner and others filed an appeal before the Additional District Judge, Dumka which was dismissed. Then, petitioner filed Second Appeal in this Court, which was also dismissed. It then appears that respondent no.2 filed an application for execution of the decree, which was registered as Title Execution Case No.02/94. During the pendency of the said Execution Case, petitioner/judgment debtor had filed certified copy of khasara panji of Dumka Anchal relating to Plot no.1435/13 on 08.4.2005 and stated that said lands is gair-majarua khas land of the State Government. It appears that thereafter, respondent no.2 filed an application on 12.4.2005 wherein she stated that petitioner/judgment debtor had filed certified copy of Khasara with an intention to create confusion and to linger the execution proceeding. Accordingly, respondent no.2 prayed that writ for delivery of possession be issued and possession be given to the plaintiff/respondent no.2 by the process of Court.
(3.) A rejoinder to the said application filed by the petitioner/judgment debtor in which they stated that decree holder has got a ambiguous and defective decree in which neither area nor specific boundary of the property mentioned. It is stated that in the plaint plaintiff stated that the suit property stands on Holding No.142/55 of Ward No.09, but from perusal of Municipal Register, it will transpire that Holding No.142 of Ward No.09 recorded in the name of Ramanand Sah and Holding no.55 belongs to Professor Srichand Thakur. The land under plot no. 1435/2033 is still recorded as Gairmajarua Khas. The petitioner/ judgment debtor further stated that they are not residing in any part plot no. 1435/2033, rather they are residing on the plot no.324 of mauza Dumka, which is the property of Dr. Rajendra Prasad, Ist President of India. The petitioner/judgment debtor further stated that decree holder has a greedy eye over the land of Dr. Rajendra Prasad, thus, by playing fraud and misrepresentation, wants to get the delivery of possession of the said land by evicting petitioner. Accordingly, it is prayed that Title Execution Case No.02/94 be dismissed and the application of respondent no.2 dated 12.04.2005 be rejected.;