(1.) Heard Sri Vishnu Singh assisted by Sri A.K.Rai,learned counsel for the appellants and Sri Kunal Ravi Singh, learned counsel for the defendant- respondents-Ist set (Nos.1 to 8). Facts of the Case
(2.) Briefly stated facts of the present case are that by the impugned judgment dated 26.4.1989 in Original Suit No.95 of 1974 (Sudama Ji v. Chhotey Lal and others), the partition suit filed by the plaintiff-appellant was dismissed. The trial court held that the plaintiff-appellant is the co-owner being son of late Beni Madhav but dismissed the suit on the ground that the defendant co-sharer of house no.1(as shown in the plaint) has perfected his title by adverse possession. During pendency of the suit the plaintiff-appellant Sudamaji sold his 1/3rd share in House No.1 to Smt. Sitapati Devi and another (appellants of connected First Appeal No.363 of 1989).
(3.) Aggrieved with this judgment, the plaintiff-appellant Sudami Ji filed First Appeal No.326 of 1989, while the vendee appellant Smt. Sitapati Devi and another filed connected First Appeal No.363 of 1989.The defendants-respondents filed a cross objection in the First Appeal No.326 of 1989 to challenge the finding that the plaintiff-appellant is the son of Beni Madhav.
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