NAGINA DEVI Vs. LALU PRASAD & ORS

JUDGEMENT

(1.) The present appellant has filed this Second Appeal against the Judgment and Decree of the lower appellate Court dated 30.05.1998 passed by the learned 6 th Addl. District Judge, Siwan in title appeal No.5 of 1980 / 51 of 1997 whereby the learned lower appellate Court allowed the appeal and set aside the Judgment and Decree of the trial Court dated 21.11.1979 passed by the learned Ist Addl. Munsif, Siwan in title suit No.282 of 1970/ 64 of 1978.

(2.) It may be mentioned here that this appellant was not party to the suit and the appeal.

(3.) The plaintiff respondent had filed the aforesaid title suit for redemption of the zarpeshgi and for recovery of possession over the suit house in question after removing the defendant. According to the plaintiffs, Pargan Ram had five sons, namely, Saryug Prasad who is defendant No.1, Kamta Prasad who is plaintiff, Santa whose widow and children are defendant No.6 to 9, Ramta who is defendant No.10 and his children are defendant No.11 to 13 and Awadh Bihari who is defendant No.14 and son is defendant No.15.