LAWS(PAT)-2013-5-97

PARMANAND TRIVEDI Vs. THE STATE OF BIHAR THROUGH THE COLLECTOR MUZAFFARPUR, AT/PO/PS AND DISTRICT MUZAFFARPUR

Decided On May 13, 2013
Parmanand Trivedi Appellant
V/S
The State Of Bihar Through The Collector Muzaffarpur, At/Po/Ps And District Muzaffarpur Respondents

JUDGEMENT

(1.) I have heard Mr. Umesh Prasad Singh, learned Senior Advocate appearing on behalf of the appellants and Mr. J.S. Arora, learned Standing Counsel No.6 on behalf of the State of Bihar-Respondent.

(2.) The appellants were plaintiffs before the trial Court and are aggrieved by the judgment and decree dated 5.11.2011 passed by the learned District Judge, Muzaffarpur in Title Appeal No. 64 of 2009, whereby he dismissed the appeal and confirmed the judgment and decree passed by the learned Sub-Judge Vth, Muzaffarpur dated 28.8.2009 in Title Suit No. 466 of 2003.

(3.) The plaintiffs, who are sons of late Mahendra Prasad Trivedi, filed the suit seeking a declaration that the suit land described in Schedule I of the plaint be reverted back and title over it be vested in the plaintiffs according to the terms and conditions of the deed of donation dated 21.9.1960 executed by the plaintiffs' father in favour of His Excellency the Governor of Bihar. They also sought for a declaration that the defendant, State of Bihar through the Collector, Muzaffarpur had in no manner any concern with the suit land.