RAMKRIPAL KURMI Vs. CHANDRA SHEKHAR KURMI

JUDGEMENT

(1.) Heard on the question of admission. This appeal is by the defendant No.1 and 2 who have lost in both the courts.

(2.) Facts giving rise to filing of the appeal, briefly stated, are that the plaintiffs filed the suit on the ground that about 70 years ago partition took place between the grand father of the plaintiffs, namely, Bhagirath and the grand father of defendants No.3 to 6, namely, Late Ramkaran. However, the plaintiffs' grand father and defendants No.1 & 2's father jointly purchased the suit land vide registered sale deed dated 21.8.1948 for a consideration of Rs.200/-. The aforesaid property devolved on the plaintiffs and defendants No 1 & 2 in equal share and they are in joint cultivating possession of the half share each. However, at the instance of the defendants No.3 to 6, who have no right title or interest in respect of the suit lands, the defendants No.1 & 2 threatened the plaintiffs with dispossession. Accordingly, the plaintiffs filed the suit seeking the relief of declaration of title, partition, possession and permanent injunction.

(3.) The defendants No.1 & 2 filed written statement in which, inter alia, it was pleaded that their father's name was recorded in revenue records as owner in respect of the suit lands and they are in possession of the suit lands as owners thereof.