SHYAM SUNDER KESHARI Vs. MOST.KAUSHALAYA DEVI

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the appellants as well as the respondents.

(2.) This Second Appeal, under Sec. 100 of the Code of Civil Procedure, has been directed against the judgment and de-cree dtd. 28/10/2005 passed by Shri Syed Jafar Hussain, the Additional District Judge-II, Purnea, in Title Appeal No. 81 of 1994 confirming the judgment and decree dtd. 30/8/1994 and 13/9/1994 respectively passed by Shri Prakash Chandra Agrawal, Munsif, Sadar, Purnia in Title Suit No. 109 of 1991 which was decreed in favour of plaintiff.

(3.) The facts leading up to the Second Appeal now in dis-pute may be briefly set out. The original plaintiff Sri Shiv Pujan Ram Keshari (died during the pendency of appeal represented by his legal heirs ) filed the suit bearing Title Suit No. 109 of 1991 for declaration that the plaintiff is the absolute owner of the suit land as fully mentioned in Schedule A of the plaint. He has got full right, title and interest as well as possession over the suit land and the defendants had got no any right, title and pos-session over the same on the basis of wrong entry in M.S. Record of right. As per the plaintiff, late Jai Sah had landed property and he had two sons, namely, Shiv Pujan Ram Keshri and Late Ramji Pd. Keshri father of defendant No. 1 to 4 and husband of defendant No. 5. Late Jai Sah, during his life time, divided his property by the registered deed of partition dtd. 7/12/1961 and had put his both sons in separate possession of the land allotted to their shares and had also kept 1/3rd share for himself and his wife. He disposed of many landed property al-lotted to his share. Land of Mouja Madhubani, P. S-K.Hat, Dis-trict Purnia bearing old Khata No. 40 Ka, plot No. 1900 measur-ing 1.53 Acres and plot No. 1897 measuring 0.88 Acres re-mained undisposed of which was equally divided between two sons after death of their parent.