MAHADEV BISI Vs. NIRANJAN BISI

JUDGEMENT

(1.) The plaintiffs in a suit for declaration of right, title, interest and confirmation of possession over the suit land, have preferred this appeal against the judgment passed by the learned lower Appellate Court remanding the case to the trial Court to decide the suit afresh.

(2.) THE appellant -plaintiffs filed Title Suit No. 43 of 1993 before the learned Civil Judge (Junior Division), Sonepur for declaration of their right, title, interest and confirmation of possession over the suit land described as 'Ata Sadharana', Plot No. 448/662 having an area of Ac. 0.852 decimals in Khata No. 94/23 of Mouza Baghia, P.S. Tarava, under Sonepur Tahasil, in the district of Sonepur.

(3.) IT is case of the plaintiffs that they purchased the northern part of the said Plot No. 448 marked 'A' in the sketch map and the defendant purchased southern part marked 'C' in the sketch map. In mutation cases filed by both the parties, the portion marked 'A' and numbered as Plot No. 448/662 has been recorded in the name of the defendant and the defendant's purchased land numbered as 448/667 has been recorded in the name of the plaintiffs wrongly, in the mutation case.