RAJENDRA PRASAD Vs. KISHORI DEBI

JUDGEMENT

(1.) THIS appeal is at the instance of the defendant nos. 1 and 2 in a suit for declaration of title and recovery of possession and is directed against the judgment and decree dated 31st January, 1986 passed by the Assistant District Judge, Purulia, in Title Suit No. 106 of 1971, thereby declaring that the plaintiff had title in the suit property to the extent of eight annas and that the defendant No. 1 had the remaining eight annas. The Court further granted a decree of joint possession of the parties after rejecting the prayers of the plaintiff for declaration of title to the extent of sixteen annas and recovery of possession.

(2.) BEING dissatisfied, the defendant Nos. 1 and 2 have come up with the present first appeal while the plaintiff has filed a cross-objection claiming that the learned Trial Judge ought to have decreed the suit in full as prayed for in the plaint instead of declaring only half-share and the decree for joint possession in the modified form.

(3.) THE case made out by the plaintiff-respondent in the aforesaid suit out of which the present appeal arises may be summed up thus :