claimed declaration that the door opened by
the plaintiff in common wall appurtenant to Plot No. 490A
and Plot No. 490B was illegal ... name
of defendants for Plot No. 490A and 490B. The defendants
further submitted that in the common wall, the plaintiff
opened a door
drain in question occupies
1 dhur 18 dhurki land of Survey Plot No.1556 and
the petitioner has encroached about 2 dhur area ... Lane),
which is for common use.
4. At this juncture, the learned counsel for
the petitioner has submitted that Survey Plot
No.1556 was raiyati
grant a preliminary decree with respect to 1/3rd share of plots of
suit land and carved out separate takhta of the same to plaintiffs ... defendants in written statement
contended that plaintiffs and defendants are descendants of
common ancestors, namely, Abdul Nasib who, in lieu of Dain
Mehar, had executed
declaration of title to the
exclusion of defendants over the suit land Plot No. 40, area 4
dec., Khata No. 222, Tauzi No. - 9165, Thana ... plaintiffs / respondents, in brief, is that
entire area measuring 20 dec. of plot No. 40 under Khata No.
222, Tauzi No. - 9165, Thana
held that Mujtaba Hassan acquired right, title and interest
over the disputed plot. The plaintiff has established that he had
purchased the land from ... intervenor/defendant. Both the appeals were heard
together and decided by a common Judgment dated 20.03.2002,
whereby the plaintiff was declared to be title holder
held that Mujtaba Hassan acquired right, title and interest
over the disputed plot. The plaintiff has established that he had
purchased the land from ... intervenor/defendant. Both the appeals were heard
together and decided by a common Judgment dated 20.03.2002,
whereby the plaintiff was declared to be title holder
held that Mujtaba Hassan acquired right, title and interest
over the disputed plot. The plaintiff has established that he had
purchased the land from ... intervenor/defendant. Both the appeals were heard
together and decided by a common Judgment dated 20.03.2002,
whereby the plaintiff was declared to be title holder
land bearing Khata No.399 Survey Plot No.719 and Khata
No.381, Survey Plot No.896, 724 & 723 Area-10 Feet ... house is his own land and cannot be allowed for a
common passage.
8. The further contention was that during the
partition, the land
sense that they were holding the property as tenants in common
but undivided qua the property that is the property had not been
divided ... find that the suit
land is part of homestead land bearing RSP Plot No. 878 which
finds corroboration from documents and the petitioner has
constructed
Basudev Saw vs The State Of Bihar on 29 March, 2023
Author: Partha Sarthy
Bench
