DEVENDRA TIWARI Vs. PRITHABI NATH TIWARI

JUDGEMENT

(1.) HEARD Mr. Shahi Shekhar Dwivedi for the appellants, and Mr. S.K. Mazumdar for the respondents.

(2.) THE plaintiffs are the appellants against the judgment of affirmance. This appeal is directed against the judgment and decree dated 09.02.2000, passed by the 1st Additional District and Sessions Judge, Siwan, in title Appeal No. 80 of 1979 (Devendra Tiwari & Ors. V/s. Prithvinath Tiwari & Ors.), whereby he has dismissed the plaintiffs appeal, and has upheld the judgment and decree dated 31.03.1979, passed by learned 04th Additional Sub Judge, Siwan, in Title Suit No. 69 of 1973 (Kesho Nath Tiwari & Ors. V/s. Baijnath Tiwari & Ors.) The trial Court had dismissed the suit. We shall go by the description of the parties occurring in the plaint.

(3.) THE plaintiffs further case is that there was a plot bearing no. 1560 under khata no. 776, having an area of 6 bighas 7 kathas 14 dhurs in village Gabhirar belonging to the ex -landlords, Sri Bhawani Pratap Narain Sahi, of village Bal, who had 4 anas share in the said land. On partition amongst the ex -landlords, he got his 1/4th share in the west of the khesra. Subsequently, he settled 1 bigha 5 katha of land (the suit land) with Keshonath Tiwari and Kashinath Tiwari through a registered patta dated 04.10.1939, after accepting Rs. 45/ - as Nazrana. He also delivered possession of the said land to the settlees and since then the plaintiffs have been coming in cultivating possession of the same. It has been pleaded that Kashi Nath Tiwari and Keshonath Tiwari took settlement of the said land from their own earnings after separation and therefore, the defendants had no any concern with the same.