MAHESH JHA Vs. YASODA DEVI

JUDGEMENT

(1.) THIS second appeal has been filed by the defendants against the Judgment of reversal dated 2.8.1991 passed by Sri Prakash Rai, Add. District Judge IVth Vaishali at Hajipur in title appeal No.57 of 1987 / 7 of 1981 allowing the appeal and thereby reversing the Judgment and Decree dated 24th July, 1987 passed by Addl. Munsif I, Vaishaia at Hajipur in title suit No.52 of 1982.

(2.) THE plaintiff-respondent, Smt. Yashoda Devi, filed the aforesaid title suit No.52 of 1982 praying for decree for permanent injunction restraining the defendants from making any block at the spot as mentioned in the plaint and also from dispossessing the plaintiff from disputed land.

(3.) SO far the first substantial question of law is concerned, the learned senior counsel relied upon a decision of the Apex Court reported in A.I.R. 2008 S.C.W. 2692 Anathula Sudhakar Vs. P. Buchi Reddy and submitted that in the present case, when complicated question of title was involved, simple suit for injunction was not maintainable and the same could not have been decided in the case. According to the learned counsel, the plaintiff should have prayed for declaration of title.