LEYAQUAT HUSSAIN Vs. NALMULLAH ANSARI

JUDGEMENT

(1.) The defendants-appellants have filed the present appeal aggrieved by the judgment and decree dated 26.06.2010 and 16.07.2010 respectively passed by the Addl. District Judge-cum-F.T.C.5, Motihari in T.A. No.42/03/22/07 affirming the judgment and decree dated 28.02.2003 passed by the Munsif, Motihari in T.S. No.125/96.

(2.) For the sake of convenience this Court would refer the parties hereto by their status at the trial.

(3.) The plaintiff (respondent herein) filed the suit for declaration of his right, title and interest over the suit land appended at schedule-II of the plaint. He also sought recovery of possession and mesne profit in respect thereof. According to the plaintiff, the ancestor of the vendor(s) of the suit land Late Eqbal Ahmad @ Eqbal Hussain died leaving behind two sons namely Afak Akhtar and Jamal Akhtar (defendant nos. 6 & 5 respectively) who came in joint possession of the suit land measuring a total area of 02 katha 10 dhurs set out in schedule-I of the plaint. An oral partition had taken place between the two sons in which vendor of the plaintiff was allotted land on eastern side whereas the vendor of the defendant was given land on western side. Those brothers accordingly came in separate and exclusive possession thereof. On 06.07.1994 Afak Hussain (D.W.6) sold his share of land measuring 01 katha 04 dhurs to the plaintiff whereafter he came in possession thereof. The defendant claiming purchase of the said land from another brother namely Jamal Akhtar (defendant no.5) dispossessed the plaintiff leading to filing of the suit.