KRUSHNA MAJHI (DEAD) THROUGH HIS L.RS.SUKADEV MAJHI AND OTHERS Vs. HATIA MAJHI (DEAD) HIS L.RS. GOKUL PRADHAN AND OTHERS

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree passed by the learned District Judge, Sambalpur in Title Appeal No. 33 of 1995 reversing the judgment and decree passed by the learned Civil Judge, Sr. Division, Sambalpur in T.S. No. 26 of 1991.

(2.) The present appellants as the plaintiffs had filed the suit for declaration of their right, title and interest over the land described in schedule 'A ' of the plaint, confirmation of their possession over the same and in the alternative for recovery of possession from the respondent-defendant. The trial court had decreed the suit by declaring the plaintiffs to be jointly having the right, title and interest over the suit land and confirming their joint possession.

(3.) The lower appellate court being moved by the aggrieved defendant has gone to hold the property in question to be the self acquired property of the father of respondent-defendant and accordingly, it has declared the respondent-defendant to be having the title and possession over the same. The appellant-plaintiffs thus having been non-suited have filed this second appeal under Sec. 100 of the Code of Civil Procedure (herein after in short called 'the Code ').