NAND KISHORE RAI Vs. RAM UDIT RAI

JUDGEMENT

(1.) This Second Appeal has been preferred against the judgment and decree dtd. 29/11/2017 and 16/12/2017 respec-tively passed by learned Additional District Judge - VIII, Be-gusarai in Title Appeal No. 06/06 affirming the judgment and de-cree dtd. 25/3/2000 and 7/4/2000 respectively passed by Sub Judge VI, Begusarai in Title Suit No. 110 of 1995, whereby the suit of the plaintiff was dismissed on context with cost.

(2.) Legal heirs of original plaintiff Late Natho Rai are ap-pellants herein. The plaintiff filed title suit for getting declaration that plaintiff has got right, title and interest over his ancestral land described in Schedule VI of the plaint and defendants have got no concern with the same in any manner whatsoever. Plaintiff further sought relief that all the six sale deeds, (details given in schedule VII of the plaint) executed by defendant first party in favour of de-fendant second party are illegal, void, inoperative and not binding upon the plaintiff and defendant second party did not acquire any right and title over schedule VII land on the basis of those sale deeds.

(3.) The detail facts of the case are given in the judgment of the courts below which is not required to be reproduced herein. As per the plaintiff one Sundar Rai alias Rudar Rai had two sons namely, Jiwan Rai and Nunu Rai and Gopal Rai was not son of Rudar Rai. Except on the point of Gopal Rai, the defendants ac-cepted the genealogy given by the plaintiffs. The plaintiff has given details in the plaint about the alleged partition and allotment of the share. It is claimed that after partition the family of the de-fendant first party had no concern with the suit property in any manner but the defendant 1st party executed 6 registered sale deed in the name of the defendant 2nd party without the knowledge of the plaintiff by giving wrong boundaries and wrong plots belong-ing to plaintiff.