LAWS(PAT)-2013-7-29

CHANDRAMA BARI Vs. KISHUN BARI

Decided On July 11, 2013
Chandrama Bari Appellant
V/S
Kishun Bari Respondents

JUDGEMENT

(1.) THE defendants have filed this second appeal against the judgment and decree dated 5.9.1990 passed by the learned 6th Additional District Judge, Arrah in Title Appeal No. 123 of 1987 whereby the learned lower appellate court dismissed the appeal and thereby confirmed the judgment and decree of the trial court dated 20.8.1987 passed by the learned Munsif-1st Class, Arrah in Title Suit No. 47 of 1985.

(2.) THE plaintiffs respondents filed the aforesaid suit praying for declaration of title and recovery of possession over plot No. 2600 on the ground that Chunni Bari had two sons namely, Gahan Bari and Durga Bari. In partition the properties were given half and half to both the brothers. Durga Bari was allotted plot No. 2600 whereas the plot No. 2601 was allotted in favour of the Gahan Bari. However, in the revisional survey record of right both the plots were amalgamated and it has been recorded exclusively in the name of the defendants. In 145 Cr.P.C. proceeding the possession has been declared in favour of the defendants, therefore, the plaintiffs filed the suit. The defendants appellants filed contesting written statement alleging that Durga Bari was not the son of Chunni Bari therefore, there is no question of partition arises and the properties were admittedly of Chunni Bari and the defendants have inherited the same being the descendant of Chunni Bari.

(3.) THE defendants filed the appeal before the lower appellate court. The lower appellate court also recorded the finding that Durga Bari is not the son of Chunni Bari. However, the lower appellate court also recorded the finding that because in the year 1925 Ekrarnama (Ext.-4) was executed by Gahan Bari admitting the title of Durga Bari, the title has already passed to the plaintiffs and accordingly, dismissed the appeal filed by the defendants.