NATABAR PADHAN Vs. LALITA PADHAN

JUDGEMENT

(1.) The appellants, by filing this appeal, under section 100 of the Code of Civil Procedure (for short, 'the Code') have assailed the judgment and decree passed by the the learned Sub-Ordinate Judge, Aska (as then was) in Title Appeal No.13 of 1985. By the same, the lower appellate court having set aside the judgment and decree passed by the learned Munsif, Kodala (as it was then) in Title Suit No.42 of 1982 which had been called in question in that appeal at the instance of the plaintiffs (respondents) as against the dismissal of their suit; has decreed the suit declaring the right, title and interest of the plaintiffs (respondents) over the suit land and for recovery of possession.

(2.) For the purpose of convenience and clarity; the parties hereinafter have been referred to in the same rank as assigned to them in the original suit, namely, the appellants as the defendants whereas the respondents as the plaintiffs in the same chronological order. It may be stated here that the appellant nos. 1 to 4 (defendant nos. 1 to 4) having died during pendency of this appeal; the same is being pursued by the appellant no.5 (defendant no.5). By a specific order assigning reasons, it has already been said that the nonsubstitution of the legal representatives of those deceased appellantsdefendants is not fatal to the appeal.

(3.) The plaintiff's case is as under:-