SUJIT NARAYAN PRASAD,J - (1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 27.02.2019 as also the order dated 22.04.2019 passed in Title Suit No. 36 of 2011 are under challenge. by order dated 27.02.2019 petition filed under Order VI Rule 17 of the Code of Civil Procedure, has been rejected, vide order dated 22.04.2019 petition filed under order XXIII Rule 1 has been rejected.
(2.) The brief facts of the case and as per pleading made by the petitioner in the writ petition is that a Title Suit being Title Suit No. 36 of 2011 has been instituted for seeking therein following reliefs; (i) For that it be declared that the plaintiffs have absolute right, title upon suit land. (ii) For that it be declared that the plaintiffs are bonafide Raiyats of suit land. (iii) For that it be declared that the survey authority have wrongly prepared new survey Khatiyan of New Khata No. 10 in the name of Chandru Turi. (iv) For that it be declared that the learned D.C.L.R., Latehar has wrongly passed order for cancelation of demand which does not affect right, title and possession of plaintiffs.
(3.) The case of the petitioners/plaintiffs herein is that the suit land relates to C.S. Khata No. 37, Plot No. 184, 185, 186, 187B, 188, 212, 224, 238, 276 Total Area 10.51 Acres of Village Bhusarh recorded in the name of Kaila Turi, Udja Turi and Budhja Turi all sons of Kishun Turi. The recorded tenants were not able to retain property hence they abandoned it in the year 1932 and then the Ex-landlord took the said land in his possession and began to cultivate upon it. Later on he settled an area of 10.51 Acres to Dukhan Lohar, Maku Lohar, Lundia Lohar, Dharam Lohar, Bahuran Lohar, through a customary hukumnama and issued rent receipts having taken rent and Najarana Rs. 40/- in the Year 1937 which has been mentioned in Schedule-A of the plaint and thereafter they began to exercise their peaceful right, title and possession upon settled land and began to cultivate crops upon it.;