Shree Chandrashekhar, J. - (1.) The petitioner, appellant in Title Appeal No. 25 of 2009, is aggrieved of rejection of his application filed under Section 75(b) and 75(c) read with Order 41, Rule 23 CPC for framing additional issue - "Whether any of the heirs of recorded tenant of Hassan Ali was an evacuee under section 2(D) of Administration of Evacuee Property Act, 1950?".
(2.) Title Suit No. 7 of 1997 was instituted by the petitioner for a decree for declaration that the suit property is the joint family property of the plaintiff and defendant no. 1 and for a decree for partition to the extent of half share for the plaintiff in the suit property. Subsequently amendment in the plaint was permitted and certain paragraphs were deleted/modified. Initially, in paragraph no. 5 of the plaint the plaintiff pleaded that the entire suit property was joint in occupation, however, instead of /rd share of Gulzar Ali entire suit property was put on auction and the defendant no. 1-Md. Mustafa purchased the same in his name. Through amendment the plaintiff has inserted that, "but in the sale certificate the evacuee property has been recorded in the name of Gulzar Ali".
(3.) In the suit, following issues were settled by the trial court: (1) Is the suit maintainable in present form ? (2) Whether the plaintiff has any cause of action to sue the suit ? (3) Is the suit barred by law of Limitation ? (4) Whether the suit property is joint and coming on joint ownership of both parties ? (5) Has the order and decree passed by A.D.J.I Sahibganj in T.A. No. 75/73 obtained fraudulently and is illegal, void and not binding on the plaintiff ? (6) Whether the plaintiff is entitled to get reliefs claimed ? (7) To what other relief or reliefs the plaintiff is entitled to ? ;