RADHESHYAM Vs. MALEJ

JUDGEMENT

(1.) This second appeal has been taken-up for final hearing through video conferencing.

(2.) This second appeal preferred by legal representatives of original defendant No.1 was admitted for hearing on 29.6.2010 by formulating the following substantial question of law:-

(3.) Two plaintiffs-Malej and Jageshwar being sons of Konda filed a suit for declaration of title, confirmation of possession and permanent injunction stating inter-alia that their father were two brothers namely Konda and Murit, they were sons of Maidan Kunwar. Murit died issueless. Mother of Berson was kept as keep by their grandfather Maidan Kunwar, but Berson was not son of Maidan Kunwar out of marriage and original defendant No.1-Ghasnin Bai was daughter of Berson and as such, Berson had no relation at all with the plaintiffs' family, but she has got her name mutated in revenue records, which is totally unauthorized, therefore, original defendant No.1 has no right and title over the suit land and she has no right of partition and as such, the plaintiffs possession be confirmed over the suit land and decree for declaration of title and permanent injunction be granted in their favour.