- (1.) Aggrieved by order dated 04.07.2014 in Title Suit No. 17 of 2004 whereby, the application under Order 6, Rule 17 C.P.C. has been dismissed, the present writ petition has been filed.
(2.) The petitioner, who is plaintiff in Title Suit No. 17 of 2004, sought the following reliefs: (a) Court be pleased to hold and declare that the plaintiff is the owner and title holder of the suit land and is in possession of the suit lands having erected his residential house thereon where plaintiff and his family members having been living there since in the month of December, 1985. (b) court be pleased to hold and declare that the defendant has got no right, title, interest or possession over the suit lands. (c) Court be pleased to directed the defendant to vacate the suit lands within a specified period failing which period court be further pleased to evict the defendant from the suit lands by the machinery of the court and thereafter put the suit lands in possession of the plaintiff. (d) Costs of the suit be allowed in favour of the plaintiff. (e) Any other relief or reliefs for which the plaintiff entitled be granted in favour of the plaintiff.
(3.) On the basis of pleadings of the parties, following issues were framed in Title Suit No. 17 of 2004: 1. Is suit as framed maintainable? 2. Has the plaintiff any cause of action for the suit? 3. Is the suit bad for misjoinder and nonjoinder of the necessary party? 4. Is the suit barred by the principles of waiver acquiescence, estoppel and law of limitation? 5. Is the plaintiff entitled to recover the possession of the suit premises? 6. Is the plaintiff entitled to get any relief or reliefs as claimed for in the suit?;