Land Disputes in Bihar: Title Suit vs. Partition Suit

In the agrarian society of Bihar, land is not just an asset; it is identity. Consequently, land disputes form the bulk of litigation. A common mistake litigants make is filing the wrong type of suit, leading to dismissal after years of trial.

1. Title Suit (Declaration of Title)
This is filed when a cloud is cast upon your ownership.
- Scenario: Someone has forged a sale deed (Kewala) claiming your land, or there is a dispute over the validity of a gift deed.
- Legal Basis: Section 34 of the Specific Relief Act.
- Goal: To get a judicial declaration that YOU are the owner and the opponent's documents are void.

2. Partition Suit (Batwara)
This is filed when there is no dispute about who the owners are, but rather how much they own and where.
- Scenario: Four brothers jointly own 10 bighas of ancestral land. One brother wants his share separated.
- Process:
a) Preliminary Decree: Defines the shares (e.g., 1/4th each).
b) Final Decree: Actual measurement by Amin/Pleader Commissioner and physical division (Takhtabandi).

3. Eviction Suit (Tenancy Disputes)
Filed by landlords to evict tenants. In Bihar, this is governed by the Bihar Buildings (Lease, Rent and Eviction) Control Act.

Criminal Aspect: Land Grabbing
While these are civil suits, land disputes often lead to violence. Trespass or illegal possession can also be fought criminally:
- Old Law: Section 441/447 IPC (Criminal Trespass).
- New Law: Section 329 of BNS (Criminal Trespass).
Using a mix of Civil Injunctions and Criminal Complaints regarding Trespass (Sec 329 BNS) is often the best strategy to protect possession.