CHURABATI AND OTHERS Vs. SURU DEVI AND OTHERS

JUDGEMENT

(1.) Defendants are the appellants in this second appeal. The suit in question had been filed by the plaintiff for declaration of title and confirmation of possession, in the alternative, for recovery of possession, of the lands fully described in the schedule of the plaint. The plaintiff claimed to have title and possession of the suit land which had been recorded in the name of her father. It was alleged that in the present survey operation some of the lands were recorded under a new khata in the names of defendant Nos. 1 to 3 and 7 to 14. This was wrong and erroneous according to the plaintiff. It was asserted that merely on basis of that entry the defendants have acquired no title because the entry had been made as a result of collusion between the defendants and the survey Amins. The defendants contested the suit denying the title and possession of the plaintiff.

(2.) Learned Munsif, on a consideration of the materials on record, held that the plaintiff had title to the suit property and she was in possession thereof. On that finding, he decreed the suit of the plaintiff.

(3.) On appeal being filed on behalf of the contesting defendants, learned Subordinate Judge affirmed the finding recorded by the learned Munsif. The appeal filed on behalf of the defendants was dismissed.