SAHDEO SINGH Vs. DASRATH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of affirmance passed in Title Appeal no. 39 of 1992 by Vth Additional District Judge, Bhagalpur.

(2.) THE defendants 1st set are the appellants. Plaintiffs -respondents filed a suit bearing Title Suit no. 78 of 1976 for declaration that they have got valid right, title over the land described in Schedule I of the plaint and that the survey entry in the name of defendants is wrong.

(3.) THE case of the plaintiffs is that they are members of the joint Hindu family governed by Mitakshra School of Hindu law and plaintiff no. 1 Garbhu Mandal later transposed as defendant no. 28 was the Karta of the family. According to them two sons of Bulaki Mandal, namely, Madari Mandal and Sardari Mandal were only recorded in the record of rights prepared during cadestral survey in the year 1907. According to them the said two sons were born from first wife of Bulaki Mandal whereas Plaintiffs are sons and grandsons from his second wife.