KANTI DEVI Vs. HARENDRA SAH AND ORS.

JUDGEMENT

(1.) Heard the learned senior counsel, Mr. Manojeshwar Prasad Sinha appearing on behalf of the plaintiff-appellant-appellant under Order 41 Rule 11 C.P.C.

(2.) The plaintiff has filed this Second Appeal against the judgment and decree dated 20.07.2009 passed by Sri Rajendra Prasad Mishra, the learned 4th Additional District and Sessions Judge, Bettiah, West Champaran in Title Appeal No.80 of 1991 dismissing the appeal and thereby confirming the judgment and decree dated 27.07.1991 passed by Sri Kamla Prasad, the learned Subordinate Judge IV, Bettiah, West Champaran in Title Suit No.112 of 1980 dismissing plaintiffs suit for partition to the extent of half share.

(3.) It appears that the original plaintiff, Raghunath Sah filed the aforesaid title suit claiming half share in the entire suit property mentioned in detail in Schedule I and II. The original plaintiff died and then the present appellant was substituted in the trial court itself.