JUDGEMENT
Aparesh Kumar Singh, J. -
(1.) Prayer for injunction has been made on behalf of the appellants seeking restraint upon the respondents from disturbing their possession and to direct them to maintain status quo over the suit property.
(2.) The Title Suit No. 01 of 2013 was preferred by the plaintiffs/appellants herein for the following reliefs :-
(A) That it be declared by the court that the plaintiff has his title to the suit-land through adverse possession.
(B) That the plaintiff be allowed all costs of the suit.
(C) That the plaintiff be allowed any other relief or reliefs to which he may be deemed entitle.
(3.) Learned Trial Court of Additional Munsif, Palamau (Daltanganj) vide judgment and decree dated 15.06.1979 dismissed the suit with cost against the contesting defendant inter alia holding as under:-
"Thus after considering the oral and documentary evidences of the parties I hold that the plaintiff has failed to establish his title by adverse possession. He has not filed a chit of paper to show that the land in suit is in his possession. On the other hand the defendant has filed documents to show his title and possession over the disputed land.
These issues are accordingly disposed of.
Issue Nos. 1 and 3.
Though these issues were raised by the defendant in his W.S. but has not been pressed at the time of hearing of the suit and also do not find anything against the plaintiff hence they are decided in favour of the plaintiff.
Issue Nos. 2 and 6.
After considering the entire fact and circumstances of the case and my finding in Issue Nos. 4 and 5 as the plaintiff has not filed a chit of paper to show his title by adverse possession the plaintiff has no cause of action to file the suit and is not entitled to any relief claimed. It is therefore accordingly ordered.";
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