MD AKHTAR HUSAIN ANSARI Vs. JANKI DEVI

JUDGEMENT

(1.) THE plaintiffs have filed this appeal against the judgment and decree dated 08.05.1986 passed in P.S.No.41/79 by the Additional Sub Judge III, Chapra dismissing their suit.

(2.) THE P.S.No.41/79 was filed by the plaintiffs for declaration of their title and possession over the property mentioned in Schedule I of the plaint on the basis of their purchase and for declaration that the construction of wall in the said property by the defendant is wrong and illegal. The plaintiffs have further prayed for declaration of their possession over the said property and for removal of wall constructed by the defendants at their cost. In the alternative the plaintiffs have sought the relief for partition of their share in the properties mentioned in Schedule III and IV by metes and bounds to the extent of 2 1/2 dhurs out of 8 dhurs land mentioned in Schedule III, and 3 Katha 10 Dhurki land out of 9 Katha 1 1/2 dhur as mentioned in Schedule IV.

(3.) IT would be apt to mention here that in Schedule I of the plaint, the plaintiffs have given the description of 2 1/2 dhur of land out of 8 dhur; in Schedule II, the description of 3 katha 10 dhurs out of 9 katha 1 1/2 dhur has been given; in Schedule III, the description of the entire 8 dhur land has been given and in Schedule IV, the description of entire 9 katha 1/2 dhur of land has been given.