Civil suit / injection suit

Amit Kumar (Querist) 30 January 2014 This query is : Resolved

IN THE COURT OF CIVIL JUDGE (SENIOR DIVION)
JHARSUGUDA
CIVIL SUIT NO. 51/12

1. Kompany Mahapatra, aged about 75 years,
...Plaintiffs.

-Versus-

1. Dasarath Sharma, aged About 46 year,
...Defendants.

The plaintiffs beg to state as follows:
1. That the plaintiffs and defendants both are HINDU by religion. The plaintiffs are KHADRA by caste whereas the defendants belongs to BRAHMIN by caste they are stranger to the family of the plaintiffs. That, the plaintiffs have got rayati land at Mouza- Talpatia which is recorded in khata No. 13 of the said village in the name of plaintiffs That, in the said Khata No. 13 of Mouza- Talpatia, Plot No.1617 Kisam-Bahal Sadharana area Ac.1.68 decimal and Plot No. 1902, Kisam- Bahal Sadharana, area Ac.1.21 decimals, has been recorded. The said land is the royati land of the plaintiffs. The defendants have got no right over those two plots which is described in schedule ‘A’ below of the plaint, which is the suit land and known as suit land here-in-after. Even through defendants have got no right, defendant No.1 Dasarath Sharma filled a mutation case bearing No. 3179 of 2010 in the court of Tahisildar, Jharsuguda to get the suit land mutated in his name. The plaintiffs or their ancestors never transferred the suit land to the defendants. There is no registered documents. Still the learned Tahasildar, Jharsuguda allowed the mutation and passed order to mutate the suit land in the name of all the defendants. Challenging the said order, the plaintiffs have filled appeal bearing No....... in the court of Sub-Collector, Jharsuguda which is pending for disposal.
2. That the defendants never possessed the suit land. They have got no manner of right title interest over the suit land. But as the Tahasildar, allowed the mutation in favour of all the defendants and passed order to record the suit land in their name taking advantage of it, the defendants are not trying to take forcible possession of the suit land from the plaintiffs. Last year the plaintiffs sowed paddy and harvesting the same, but this year 2012, in the month of June when the plaintiffs were preparing the suit land and making improvements of the ridges the defendant No. 1 created dispute and threatened the plaintiffs not to allow them to possess the suit land any more. On last 15.06.2012, the defendants again gave threatening that they will forcible enter to the suit land, hence the same has clouded the right title interest of the plaintiffs over the suit land. Unless the Hon’ble court passes an order of injunction the defendants may by creating a serious dispute take forcible possession of it. Hence the present suit is filed.
3. That, the cause of action of the suit arose on 12.11.2010 when the Tahasildar, Jharsuguda allowed the mutation and passed order to record the land in the name of the defendants. And further on 01.06.12 and 15.06.2012 when the defendants created dispute and openly declared to take forcible possession of the suit land from the plaintiffs. The cause of action has arisen within the jurisdiction of this court.
4. That, the suits valued at Rs. 51,000/- (Rupees fifty one thousand) only for the purpose of court fee and jurisdiction and Rs. 100/- for the purpose of injunction, on which court fee of Rs. 2994.75 paise is payable, which has been paid in the form of court fee stamp. The suit is within the pecuniary and territory jurisdiction of the court.

The plaintiffs pray for the following relief:

I. To declare right title interest of the plaintiffs over the suit land.
II. To conform the possession of the plaintiffs over the suit land. In case the court finds the plaintiffs to have been disposed from the suit land then recovery of possession be decreed and the possession of the suit land be given to the plaintiffs through court.
III. The defendants be injected by passing permanent injunction not to create any dispute in the possession of the plaintiffs over the suit land.
IV. Any other relief or relieves of the court deems proper may decreed.

Advocate for the plaintiffs. Plaintiffs.
The plaintiffs rely on the following documents:-
I. Khata No. 13 of village Talpatia.
II. Certified copy of final order passed in the mutation case No. 3179 of 2010 by Tahasildar , Jharsuguda.
III. Rent receipt.
IV. Any other document or documents relevant at the time of hearing of the suit.

Schedule ‘A’
Khata no. 13 of village Talpatia.

Plot No Kisam Area
1617 Bahal Sadharana Ac.1.68 dec.

Advocate for the plaintiffs. Plaintiffs
what is the result of the above suit ? please guide me.

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