RAMU YADAV Vs. MAHADEO RAUT

JUDGEMENT

(1.) Heard the learned counsel, Mr. Sri Prakash Srivastava appearing on behalf of the appellant and the learned counsel, Sri Suraj Narayan Yadav appearing on behalf of the plaintiff-respondent No.1 under Order 41 Rule 11 C.P.C.

(2.) The defendant-respondent appellant Ramu Yadav has filed this second appeal against the Judgment and Decree of the lower appellate Court dated 22.1.2011 passed by Addl. District Judge, Fast Track Court No.3, Madhubani in title appeal No.35 of 2009 allowing the appeal and thereby reversing the Judgment and Decree of the trial Court dated 28.5.2009 passed by Sub Judge III, Jhanjarpur in title suit No.6 of 2003 dismissing the plaintiff's suit.

(3.) The plaintiff-respondent No.1, Mahadeo Raut filed the aforesaid title suit for declaration of title and confirmation of possession with respect to the suit property measuring only 2 kattha alleging that Shobha Devi widow of late Nirdhan Deo had purchased the same from Vishwambhar Jha on 23rd February, 1959. Her husband, Nirdhan Deo died in the year 1993. Shobha Devi herself died in the year 1997 and the property devolved on her husband brother Laxmi Narain Deo because Satyanarain Deo the another brother had already died in the year 1979. The plaintiff purchased the suit property from Laxmi Narain Deo on 10.11.1998. The defendant-appellant has purchased 1 kattha out of same land sold to the plaintiff, by terms of sale deed dated 15.1.2003. Therefore, the plaintiffs filed the suit for declaration of title and confirmation of possession.