IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.445 of 2009 AWADHESH KUMAR SINHA @ KAMLESHWARI PRASAD SINHA & ANR Versus SMT.SUNITA DEVI & ORS ----------- 5 6.5.2010 Heard the learned counsel for the parties under order 41 rule 11 C.P.C. 2. This Misc.appeal has been filed by the appellants against the order dated 3.6.2009 passed by the learned Subordinate Judge-3, Patna City, in Title Suit No.87/04 rejecting the plaintiffs appellants’ prayer for injunction. 3. The plaintiffs filed Title Suit No.87/04 for declaration that the lands detailed in Schedule-II which is portion of Plot No.338 is not the land included in sale deed dated 25.1.2004 executed by the defendant second set in favour of the defendant first set. The plaintiff no.1 purchased the suit land on 15.2.1982 and 25.1.1982 from Rajendra Sinha, father of defendant 2nd party and they are in cultivating possession. 4. The defendants appeared and filed show cause. According to them that survey plot no.338 measures 1 acre 28 decimals. Out of that the State Government acquired 26 decimals for construction of road in 1964 – 1965. Narayan Mahton was the original owner. Rajendra Prasad Sinha purchased 94 decimals on 5.11.1965. P.H.E.D. acquired 14 decimals out of 94 decimals. As such 80 decimals remained with Rajendra Prasad Sinha. Thereafter subsequently Rajendra Prasad Sinha executed different sale deeds to different persons with respect to that portions of S.P.no.338. Out of 2 the remaining land the defendants no.4 and 5 who are sons of Rajendra Prasad Sinha sold 9 decimals to the defendants first party and they are coming in possession. 5. The learned counsel submitted that the learned court below has passed the impugned Judgment without discussing the documents and has wrongly held that the plaintiffs have possession over the land in question. 6. The learned counsel further submitted that originally the prayer for injunction was allowed and then M.A. No.67/04 was filed before this Court and by terms of order dated 25.5.2007 this Court set aside the order granting injunction and directed the court below to consider the matter afresh and thereafter the impugned order has been passed. 7. On the other hand, the learned counsel for the appellants submitted that the defendants have purchased specific land which is not the land of the plaintiffs and is not included in the sale deed of the plaintiffs. Unless it is found so after trial it cannot be said that the said land do not belong to the defendants. The learned counsel pressed his counter affidavit and submitted that the appellants are trying to grab the lands of the defendants with the help of anti social elements. The F.I.R. has been filed being Agamkuan P.S. Case No.205/09. The learned counsel submitted that 144 and 107 Cr.P.C. proceedings are pending between the parties. 8. From perusal of the impugned order it appears that after considering all aspects of the matter the learned court 3 below found that the plaintiffs have got no prima facie case. Admittedly the sale deed is standing in the name of the defendants. It is well settled principle of law that possession follows title. Unless it is held that the disputed land is not included in the sale deed of the defendants, no finding of possession can be recorded in favour of the appellants. Moreover, the learned court below has after considering the materials on record disbelieved the case of the plaintiffs. It appears that the plaintiffs have also got registered sale deed and the defendants have also got registered sale deed. For the purpose of injunction prima facie finding is to be recorded and the learned court below has recorded the same. The other aspect of the matter is that the defendants have got registered sale deed with specific boundary and it is not the case that original owner Rajendra Prasad Sinha had sold the entire land measuring 80 decimals. 9. Considering the above facts and circumstances of the case, I find no reason to interfere with the impugned order. 10. In the result, I find no merit in this Misc. appeal and, accordingly, this Misc. appeal is dismissed. AnilKr.Sinha ( Mungeshwar Sahoo, J. )