SHYAM BIHARI PRASAD Vs. KALAWATI DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 22nd August 1987. passed by the Sub -Ordinate Judge -Ill, Aurangabad, in Title Appeal No. 31/81/100/83, reversing the judgment dated 31.3.1981 passed by the Munsif, Aurangabad, in Title Suit No. 191 of 1971. The plaintiffs of that suit are the appellants here.

(2.) THE plaintiffs had filed the aforesaid suit claiming, inter alia, that plot no. 416 of village Amba had a total area of 23 decimals and in the cadestral survey, it was recorded as Gair -Mazarua Malik Parti Kadim. Sri Sao and Raghunandan Sao, both obtained settlement from the Ex -landlord over the entire area of this plot by registered settlement deed dated 21st December 1951 and 16th May 1952. Subsequently Sri Sao and Raghunandan Sao separated their share over this land and both got 11 1/2 decimals each. Sri Sao constructed his house over his share and left some open land on the western side and he also left some open land on the south of his allotted share, both these open lands, measuring 3 decimals each. Raghunandan Sao also constructed his own house on his allotted share and left some vacant land on the west of his building.

(3.) OUT of the total number of defendants, only defendant no. 2 filed his W.S. and contested the suit of the plaintiff -appellants.