RADHE SHYAM HAJJAM Vs. BECHU PAL

JUDGEMENT

(1.) Heard Mr Jitendra Prasad Singh, learned counsel appearing on behalf of the appellants and Mr Ganpati Trivedi learned Senior counsel appearing on behalf of the respondents.

(2.) The plaintiffs/appellants have filed this Second Appeal against the judgment and decree dtd. 15/12/1999, passed by the Second Additional District Judge, Kaimur, (Bhabua) whereby the learned Lower Appellate Court dismissed the appeal and confirmed the judgment and decree dtd. 19/1/1994, passed by the learned Munsif, (Bhabua), in Title Suit No. 47/91.The plaintiffs had filed the Title Suit for declaration of title and confirmation of possession over the suit land admeasuring 3 decimals towards North East, bearing Khata No. 76, Revisional Survey Plot No. 1271, Schedule- 'ka' and also for injunction. The learned Trial Court held that the suit is not barred by limitation, but on facts, it has been held that as there was entry in the revisional survey in the name of defendants, then the plaintiffs have no title over the suit land.

(3.) Being aggrieved by the aforesaid judgment and decree passed by the learned Trial Court, the plaintiffs have filed Title Appeal bearing T.A. No. 12/94/47/96 before the Court of learned Second Additional District Judge, Kaimur, (Bhabua).