NARAIN SINGH Vs. KANTA SINGH

JUDGEMENT

(1.) This second appeal is by the defendants against a judgment of the reversal.

(2.) The plaintiffs brought a suit for a declaration that by mutual exchange between the parties, the plaintiffs got the lands (described in schedule of the plaint) and, in lieu thereof, the defendants got plot No. 143 with a Baithka thereon (as described in schedule I of the plaint). The plaintiffs' case was that plot Nos. 83,110 and 112 with an area of 18 decimals (fully described in schedule II of the plaint) came to the plaintiffs by mutual exchange and plot No. 143 with Baithka thereon (having an area of 11 decimals) (as fully described in schedule I of the plaint), belonging to plaintiff, went to the defendants. These plots were situate in village-Masaurha Telpa, in the district of Patna.

(3.) The plaintiffs also prayed for a declaration of their title and confirmation of possession over the same and, in the alternative, for recovery of possession in case the plaintiffs were dispossessed by the defendants during the pendency of the suit.