and was paying rent to the Government against grant of rent receipt. Nand Kishore Tiwary sold 0.05-2/3 acres of land of Plot No. 765 to Surya Narain Tiwary and others in the year 1985 and rest land of the said plot was succeeded by his son, Narad Tiwary. Narad Tiwary along with transferees of Nand Kishore Tiwary and others together sold 0.08 acres of land of Plot No. 765 to the plaintiff in the year 1995. The eastern half area of Plot No. 765, which was allotted to Doma Tiwary was succeeded by his two sons, Kunj Bihari and Madan Tiwary, but later on the eastern post of the land was allotted to Madan Tiwary, who sold the same to one Purshottam Murarka in the year 1963 and Purshottam Murarka in his turn, sold it to the plaintiff in the year 1970. Thus, the plaintiff having come in possession of eastern half area of Plot No. 765, was using since then in part of western half of Plot 765 as his ingress or egress with permission of Nand Kishore Tiwary and this was the reason, he purchased the western half area of Plot No. 765 in the year 1995 and he became the owner of entire 16 decimals of land of disputed Plot No. 765. Defendant No. 1 raised a dispute that the part of land of plot No. 765 was gifted to her in the year 1979 by her father Kunj Bihari Tiwary and ultimately at her instance a proceeding under Section 144 Cr.P.C. was initiated, but during the continuance of which, the plaintiff could succeed to obtain the sale deed in the year 1995 and ultimately the proceeding was dropped. The plaintiff also came to know that there was a Misc. Proceeding NO. 54/1991-92, in which defendant No. 1 has got demand opened in her name with regard to western half area of land of Plot No. 765. Thereafter, the plaintiff filed the suit praying therein for restoration of possession by removing the pillars from the suit land, erected by the defendants .
