AKIL AHMAD Vs. BALESHWAR PD. GUPTA

JUDGEMENT

(1.) Heard the learned senior counsel, Mr. Keshav Prasad Srivastava appearing on behalf of the appellant and the learned counsel, Mr. Sudhir Kumar Raj, appearing on behalf of the respondent under Order 41 Rule 11 of the Code of Civil Procedure. The plaintiff-respondents appellants have filed this Second Appeal against the Judgment and Decree dated 29.3.2011 passed by the learned 4th Addl. District Judge, Nalanda at Biharsharif in title appeal No. 77 of 1992 whereby the learned lower appellate Court allowed the appeal and reversed the Judgment and Decree of the trial Court dated 12.11.1992 passed by the learned Sub-Judge-I, Biharsharif at Nalanda in title suit No. 159 of 1979.

(2.) The plaintiff respondent appellant filed the aforesaid suit praying for declaration of the plaintiffs right, title over the suit land described as "Gha" shown in the map and also prayed for recovery of possession alternatively.

(3.) The plaintiff's case in short is that the old holding No. 56 corresponding to new holding No. 551 of Ward No. 7 belong to one Tulsi Devi. She had her house on the portion shown in map as "Ka". Adjacent to the said house, she had latrine mentioned at "kha". In the western side, she had vacant land mentioned in the map as "Gha". She gifted only "ka" portion by registered deed of gift dated 16.8.1925 to one Rajkeshar Mishra. Subsequently, she also gifted the portion "Ga" and "Gha" by Khista deed in the year 1927-28 in favour of Rajkeshar Mishra who' reconstructed his house and extended in Block "Ga". He sold block "Gha" portion of holding No. 551 to the plaintiff by registered sale deed dated 9.8.1977 measuring 1 katha 15 dhurs. Tulsi Devi died issueless leaving no heir, Dwarika Nath is claiming to be the heir on the basis of. forged document.