Shree Chandrashekhar, J. - (1.) The petitioner who is plaintiff no.1 in Title Suit No.157 of 1997, aggrieved of order dated 02.03.2017 by which amendment in the plaint has been declined, has come to this Court.
(2.) Title Suit No.157 of 1997 was instituted by the petitioner and three others for a decree for declaration of their title and confirmation of possession over schedule 'A' lands. The plaintiffs have pleaded that the lands comprised under R.S. Plot No.257 area about 4.85 acres were recorded in the name of late Kana Budhwa Oraon who died after publication of the Revisional Survey Record of Rights leaving behind his son-Fagu Oraon. The said Fagu Oraon is father of the plaintiff no.1-Khudia Oraon and Bhathuwa Oraon who is father of plaintiff nos.2 to 4. The plaintiff no.1 and the said Bhathuwa Oraon jointly inherited the lands comprised under R.S. Khata No.53 in village-Jorar after the death of their father and both were in joint possession of schedule 'A' lands. The plaintiff no.1 and his brother-Bhatuhua Oraon took permission to sell the land for which Misc. Case No.337 R 8II of 75-76 was initiated and vide order dated 17.04.1977 permission for sale of 0.51 acres of land out of R.S. Plot No.257 was granted. By virtue of the said order the plaintiff no.1 and late Bhathuwa Oraon executed a sale-deed in favour of Roseline Dahanga and others who, however, did not pay the consideration money and, therefore, possession of 0.51 acres of land in R.S. Plot No.257 was not given to them. The plaintiffs have pleaded that in the month of July, 1997 the defendant no.1 namely, Birtunus Subarno tried to take forceable possession of schedule 'A' lands which was resisted by them. The defendant no.1 is claiming the schedule 'A' lands by virtue of a forged sale-deed allegedly executed by late Bhathuwa Oraon in the year 1979, who, however, had already died some time in the year 1978.
(3.) The original defendant no.1 has filed a written statement claiming right, title and interest over the schedule 'A' lands by virtue of sale-deed dated 04.09.1979 executed by the said Bhathuwa Oraon.;