(1.) FIRST Appeal No. 52/2006 preferred by the original defendants No. 2, 3 and legal representatives of defendant No. 4 and First Appeal No. 55/2006 preferred by the defendant No. 1 are being disposed of by this common judgment as both the appeals are arising out of the judgment and decree dated 25th February, 2006 passed in F. A. No. 50a/84 whereby learned First additional District Judge, Raigarh has decreed the suit filed by the Original Plaintiff jagannath Agrawal for recovery of possession of the suit house and decree of declaration of the title of the plaintiff over the agricultural lands described in Schedule 5 of the plaint.
(2.) PLAINTIFF Jagannath Agrawal and defendant No. 4 Govind Ram died during pendency of the suit whereas defendant No. 1 died during pendency of the appeal. (Parties hereinafter shall be referred to as per their description before the trial Court.)
(3.) RELATIONSHIP between the parties in the suit is not in dispute. Plaintiff jagannath, defendant Baijnath and late ramkishan, husband of defendant No. 2 and father of defendants No. 3 and 4 were sons of Jainarayan Agrawal. Ramkishan died in the year 1967.
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