MAHESHWAR NARAYAN SHUKLA Vs. AJAB NARAYAN SINGH

JUDGEMENT

(1.) Heard Mr. J.S. Arora, learned Senior Counsel appearing on behalf of the petitioners and Mr. Ram Chandra Sahani, learned Counsel appearing on behalf of the respondent.

(2.) The petitioners are the plaintiffs-appellants before the learned lower Appellate Court. They are aggrieved by order, dtd. 22/11/2017, passed in Title Appeal No. 47 of 2016, by learned 5 Additional District Judge, Siwan, by which the amendment petition filed by the petitioners at the appellate stage has been rejected.

(3.) The petitioners-plaintiffs filed Title Suit No. 268 of 2013 for declaration of title and confirmation of possession on the fact that they have acquired title and possession over the suit land by virtue of succession. However, the occasion for filing the suit was that the respondent-defendant was disturbing the title of the petitioners-plaintiffs over the suit land on the basis of mortgage deed, dtd. 27/2/1973, executed by the father of the petitioners-plaintiffs in favour of the father of the respondent-defendant. Accordingly, the respondent-defendant claims title and possession over the suit land on the basis of mortgage deed and also on the basis of adverse possession.