KAUSHALYA DEVI Vs. RAMAUTAR YADAV

JUDGEMENT

(1.) THE defendant appellant appellant has filed this Second Appeal against the Judgment and Decree dated 29.05.1010 passed by the learned 3rd Addl. District Judge, Katihar in title appeal No.28 of 1997 whereby the learned lower appellate Court dismissed the appeal and thereby confirmed the Judgment and Decree dated 27.09.1997 passed by the learned Munsif, Katihar in title suit No.48 of 1986.

(2.) THE plaintiff filed aforesaid suit for declaration of title and for recovery of possession of the suit property. Further prayer was made for declaration that the defendant first party have no right, title over the suit land as their purchase of Sikmi land is voidable and their possession is that of trace passers.

(3.) THE defendants filed contesting written statement denying all the allegations of the plaintiff. Besides taking various legal please, mainly it was contended that Mostt. Surji Devi acquired status of Raiyat and he gave homestead land to Dhuria Devi 25 years ago. The defendants have also perfected their right title by adverse possession. Surji Devi is alive but she has lost her mental balance, she has a daughter Lukhri Devi. The defendant No.1 and defendant No.2 are the adopted daughter and son of Suraj Paswan and Dhuria.