SUDAMA DEVI Vs. LAKHIYA DEVI

JUDGEMENT

(1.) The original plaintiffs-respondents-appellants have filed this Second Appeal against the judgment and decree dated 20.09.1991 passed by learned 3rd Additional District Judge, Nalanda, Biharsharif in Title Appeal No.93 of 1990 whereby the lower appellate court allowed the appeal and reversed the judgment and decree of the trial court dated 23.08.1990 passed by the learned Subordinate Judge-5, Biharsharif in Title Suit No.10 of 1987/25 of 1990.

(2.) The plaintiffs-appellants filed the aforesaid suit praying for declaration of title and confirmation of possession and in the alternative for recovery of possession and further for injunction.

(3.) The plaintiffs claimed the aforesaid relief alleging that the suit property belonged to Kokil Sao, who had only one son, namely, Chowa Sao. Chowa Sao had two sons, namely, Shivnandan Sao and Munshi Sao. Plaintiff nos.2 and 3 are the sons of Munshi Sao. The family of Kokil Sao possessed 1 acre 31 decimals land besides the house on 7 decimals. After the death of Kokil Sao, the land came in possession of Chowa Sao. Some land was acquired by Chowa Sao as a result of which he came in possession over 2 acres 581/2 decimals in addition to the house. Munshi Sao separated during the lifetime of his father taking his share 1 acre 291/4 decimals. Remaining 1 acre 291/4 decimals was in possession of Chowa Sao and Shivnandan Sao. After the death of Chowa Sao, Shivnandan Sao came in possession of 1 acre 291/4 decimals and on his death plaintiffs came in possession. 10 decimals land was sold by Chowa Sao and 10 decimals land was sold by the plaintiff nos.2 and 3.