SANT PANDEY Vs. KEDAR NATH TIWARY

JUDGEMENT

(1.) I have already heard the learned counsel, Mr. Surendra Pandey on behalf of the appellant and Mr. Jitendra Kishore Verma, the learned counsel appearing on behalf of the respondent under the heading "for hearing under Order 41 Rule 11 C.P.C."

(2.) This second appeal has been filed by the defendan 1st set against the Judgment and Decree dated 30.9.2008 passed by Md. Khurshid Alam, District Judge, Kaimur at Bhabhua in Title Appeal No. 101 of 1992 confirming the Judgment and Decree dated 18.7.1992 passed by Sri Suresh Chandra Pandey, Sub-Judge, 1st, Bhabhua in Title Suit No. 31 of 1985.

(3.) The plaintiff-respondent filed the aforesaid Title Suit No. 31 of 1985 praying for declaration that the deed of gift dated 2.4.1983 in respect of the suit land executed by Raj Naraian Pandey in favour of the appellant is forged, fabricated document and the same is not binding on the plaintiff and further prayed for setting aside the said gift deed and for partition of the suit property by metes and bounds to the extent of his half share.