GOBIND PRASAD SINHA Vs. KULWANTI

JUDGEMENT

(1.) This second appeal is by the plaintiff against the judgment of modification.

(2.) The plaintiff brought a suit for declaration of title and for confirmation of possession and in the alternative for recovery of possession in respect of 71 decimals of land, being plot No. 2488, appertaining to Khata No. 60, of village Anaith in the district of Shahabad.

(3.) The trial Court decreed the suit and declared the title of the plaintiff over the suit land and confirmed the plaintiffs possession over the same. Thereafter, the contesting defendants preferred an appeal and the lower appellate Court, though confirmed the findings of the trial Court, yet declared that the disputed plot jointly belonged to the contesting defendants (appellants in the lower appellate Court) and the plaintiff (respondent in the lower appellate Court) and that they were entitled to joint possession over the same. The lower appellate Court further declared that the defendants 1 and 2 (the appellants before the lower appellate Court) had half share in the disputed plot and the remaining half belonged to the plaintiff. Thus the plaintiff has filed the present second appeal.