BYASDEO MANDAL Vs. LONGI DEVI

JUDGEMENT

(1.) HEARD Mr Keshav Kumar Srivastava, the learned senior counsel appearing on behalf of the appellants as well as Mr Uma Shankar Prasad, the learned senior counsel appearing for the respondents.

(2.) THE defendants are the appellants in this appeal against the judgment and decree of reversal decreeing the suit of the plaintiffs.

(3.) THE plaintiffs filed the suit for declaration of their title and recovery of possession over the suit lands described in Schedule I and II of the plaint and the ancillary relief. The property described in Schedule I of the plaint is 7.90 of land of Mauza -Maheshmunda, P.S. - Kahalgaon, District - Bhagalpur recorded in Cadastral Survey Khatian in Khata No. 591, C.S. Plot No.1281 which corresponds to R.S.Plot No. 602, R.S.Plot Nos. 2722 and 2733, area 7.82 acres in the recent survey khatian. The Schedule II of the plaint contains description of 48 decimals of land of Mauja -Alampur, P.S.Kahalgaon, District -Bhagalpur recorded in C.S.Plot No.249 of C.S.Khata No.31 corresponding to R.S.Plot No. 363 of R.S.Khata No.73 area 44 decimals. The plaintiffs have claimed their title over the aforesaid suit lands as their ancestral lands and have stated that those lands have been recorded in the cadastral survey khatian in the name of Amrit Mandal who was predecessor -in -interest of the plaintiffs. It is the case of the plaintiffs they had been coming in possession over those lands as title holders but the defendants dispossessed them in the year 1999 and therefore, the suit with the aforesaid relief of declaration of title, recovery of possession and correction of survey entries in the name of the defendants for the suit lands has been filed.