SHARDA DEVI Vs. HRIDAY KUMAR

JUDGEMENT

(1.) This second appeal has been filed by Defendant 1st party-Appellants-Appellants challenging the judgments and decree of both the courts below.

(2.) The matter arises out of Title Suit No. 98 of 1981, which was filed by Plaintiff-Respondent-Respondents first set with respect to a brick-built house over 2 kathas of land bearing municipal survey plot Nos. 12525 and 12524 of Touzi No. 416 bearing Jamabandi No. 572 and 560 within Thana No. 22 appertaining to Holding No. 350 under Jamalpur Police Station Sakahrapali in the district of Munger for the following reliefs:

(3.) Plaintiff-Respondent first set claimed that the suit property was sold to her by Defendant 2nd party by two registered sale-deeds dated 04.12.1978 for valuable consideration and they were put in possession thereof and since then they are continuing in possession after getting their names mutated. It was further claimed by the Plaintiff that in the year 1981, Defendant first party along with their associates armed with lathi and bhala, forcibly entered into the Plaintiff's house and began throwing out the household articles, but after stiff resistance offered by the Plaintiff and other members of her family, they left the place, claiming that Defendant 1st party had purchased the suit property through the court on 02.12.1980 on the basis of the decree passed in Title Suit No. 10 of 1979 by Munsif-I, Munger. Hence, it was claimed that the Plaintiff had got cause of action for filing the instant suit.