AGHANU KHATWEY Vs. SRIMATI DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment of affirmance passed in Title Appeal No. 49/95 by the 2nd Additional District Judge, Darbhanga.

(2.) THE defendants are the appellants. Plaintiff-respondents filed suit for declaration of title and confirmation of possession over the suit property mentioned in Schedule. II and in alternative if they are found dispossessed from the suit land a decree for recovery of possession for the same be passed and mesne profit be awarded since the date of illegal dispossession and also for restraining the defendant-appellants from interfering with the possession.

(3.) I find substance in the submission of the learned Counsel for the plaintiff-respondents. The lower appellate Court in paragraph 10 of the impugned judgment has considered every aspect and evidence brought on record by the learned Counsel. for the parties and not that Exhibit-14 has been mainly relied upon to declare the title of the plaintiffs. The lower appellate Court on consideration of evidence has found that the defendant-appellants have not brought anything on record to show that their name with regard to the suit land is mutated or is entered in the Sarista of the landlord or in the Sarista of the State. He has also considered the rent receipts issued by the ex-landlord which has been found to be not for the plot in question and also Exhibit-A/3 to A/21 with regard to jamabandi Nos. 944 and 1182, but the plot No. 852 in question is not included in the said jamabandi. Thus, this Court finds that the question regarding plaintiffs' title and possession over the suit land stands concluded by the concurrent findings of fact of the two Courts-below and does not warrant any interference much less when no substantial question of law is involved.