RAM LAKHAN MISHRA Vs. SHANTI DEVI

JUDGEMENT

(1.) Heard learned counsel for the appellants. The plaintiffs are the appellants herein and are aggrieved by the judgment and decree dated 22.9.2008 and 27.9.2008 respectively, passed by learned Additional District Judge, Fast Track Court-I, Aurangabad in Title Appeal Nos. 18/1995/84/2007 whereby while confirming the judgment and decree dated 31.3.1995 and 26.4.1995 respectively, passed by learned Sub-Judge-III, Aurangabad in Title Suit No. 179/1986/76/1989 he dismissed the appeal.

(2.) The original plaintiff No. 1 Rukmini Devi and plaintiff No. 2 Vindhabasani Devi are the wives of Sri Ram Lakhan Mishra and Radha Govind Mishra respectively; sons of Raghunandan Mishra. Saligram Mishra happened to be the common ancestor who had three sons, namely, Parshuram Mishra, Nem Narayan Mishra and Yadav Mishra. Parshuram Mishra had one son Raghunandan Mishra and daughter Godavari. The said Radha Govind Mishra and Ram Lakhan Mishra whose wives were the plaintiffs are sons of Raghunandan Mishra. The other son of common ancestor, Saligram Mishra, namely, Nem Narayan Mishra had no issue. Yadav Mishra had two sons, Basudeo Mishra and Srikant Mishra. Srikant Mishra had one son, Puranchand Mishra.

(3.) The other two plaintiffs namely, Satyendra Narain Mishra and Basant Kumar Mishra had been impleaded as plaintiffs for the purpose of facilitating the plaintiffs No. 1 and 2 who are Pardanashin ladies to pursue the suit. The plaintiffs sought for a declaration that defendant No. 1, Puranchand Mishra was not the adopted son of late Pandit Nem Narayan Mishra and that the transactions dated 2.9.1986 of the defendants were void under the provisions of Bihar Tenants Holdings (Maintenance of Records) (Amendment) Act, 1982 read with Section 23 of the Registration Act and for a declaration that plaintiffs No. 1 and 2 have got title and possession over the suit property and also for an order of permanent injunction against defendants from interfering with the possession of the plaintiffs over the suit property.