SURYA NARAIN RAM Vs. SINGHESHWAR RAM

JUDGEMENT

(1.) This second appeal has been filed by defendants-appellants- appellants challenging judgments and decree of both the courts below.

(2.) The matter arises out of Title Suit No.104 of 1977 which was filed by plaintiffs-respondents -respondents for declaration that they were the rightful owners of the suit land measuring 40 ft x 10 ft bearing Plot No.295 and that the defendants had no manner of right, title and interest therein and also for declaration that survey map and record of rights prepared by the revisional survey authorities published on 01.09.1977 by including the suit land in Plot no.298 appertaining to Khata no.147, of Thana no.288, Tauzi no.3260 under Colgong Police Station within the District of Bhagalpur, in the name of defendant no.1 was wrong and incorrect. The plaintiff further sought a decree of permanent injunction restraining defendant no.1 from interfering with the possession of the plaintiffs.

(3.) The defendants appeared and contested the case of the plaintiff claiming that the suit land was their ancestral land and was allotted to his branch in partition and they are coming in possession thereof from the time of their ancestor making construction thereupon. It was also claimed that plaintiff no.1 was also attesting witness to the deed of partition dated 11.10.1947.