MANDO KUMBHARUNI Vs. DUTIA RANA AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the learned Subordinate Judge, Sonepur reversing an order passed by the learned Munsif, Sonepur, and directing restitution under Section 144 of the Code of Civil Procedure ( 'Code ' for short).

(2.) FACTS not in dispute are stated -in brief. The Appellant instituted Title Suit No. 87 of 1966 in the Court of the learned Munsif, Sane pur, for declaration of her title in respect of Schedule 'B ' land and in the alternative for partition of Schedule 'A ' land of the plaint. The suit was decreed and her title in respect of Schedule 'B ' land was declared. The alternative prayer for partition of Schedule 'A ' land was refused. Rahas Rana the predecessor -in -interest of the Respondents who was one of the Defendants appealed before the learned. Subordinate Judge, Sonepur, in Title Appeal No. 57/42 of 1970/71, but without any success. He thereafter preferred Second Appeal No. 161 of 1973 in this Court in which the judgments and decrees passed by the learned Courts below were set aside and it was declared that both the Appellants and Rahas Rana were entitled to joint possession of Schedule 'B ' land of the plaint.

(3.) THE leaned Munsif held as follows: