RAM CHANDRA PRASAD Vs. JITAN MAHTO

JUDGEMENT

(1.) THE prayer of the appellant is for setting aside the judgment and order dated 14th July, 1992, passed by the Additional District Judge-I, Nalanda at Biharsharif, in Title Appeal No.126 of 1989, by which he has set aside the judgment and decree dated 13.9.1989 and 23.9.1989 respectively passed by the Additional Munsif, Biharsharif at Nalanda in Title Suit No. 24 of 1982 by which he had decreed the suit in favour of the plaintiff-respondent- appellant with costs.

(2.) THE history of the suit is that after the suit was decreed, as stated above, the defendant-appellant-respondent preferred an appeal being Title Appeal No. 126 of 1989, and when it finally came for disposal on 18.5.1990, at the stage of argument on 25.06.1992, two applications were filed on behalf of the appellant-defendant-respondent for amendment of the written statement and admission of sale deed dated 08.07.1941 executed by Most. Gauri Kuer in favour of Bal Kishun Mahto as additional evidence, which was allowed and the case was remanded to the court below for a fresh decision while setting aside the judgment and decree dated 13.09.1989 and 23.9.1989 respectively.

(3.) THE trial court after full elaboration and consideration answered that the deed of gift was not genuine and, in fact, Narain Mahton, husband of Gouri Kuer had daughters and the appellant was the grand son (Natti) of Narain Mahto. Concluding thus, the Title Suit was decreed, as stated above.