RAM CHANDRA MISHRA Vs. SHIV SHANKER MISHRA

JUDGEMENT

(1.) The Defendants have filed this second appeal against the judgment and decree dated 9.2.1993 passed in Title Appeal No. 21 of 1991 reversing the judgment and decree dated 30.3.1991 passed in Title Suit No. 234 of 1986.

(2.) The Plaintiff-Respondent Nos. 1 and 2 filed the aforesaid title suit for declaration of title, confirmation of possession, in the alternative for recovery of possession over the suit land and for permanent injunction restraining the Defendants from interferring with the possession.

(3.) The case of the Plaintiffs was that plot No. 668 Khata No. 104 having an area of 4 Kathas 11 Dhurs was recorded in the revisional survey khatian in the name of Ram Lagan Mishra, Saral Mishra and Bujhawan Mishra. The son of Ram Lagan Mishra, namely, Bishundeo Mishra, after the death of his father executed a deed of gift with regard to 1/3rd share in favour of Baharan Mishra, the father of the Plaintiffs and put him in possession over the gifted property. Saral Mishra had two sons, namely, Ramagya Mishra and Raghubir Mishra. Ramagya Mishra had five sons. They sold their share with regard to the suit properties in favour of the Plaintiffs through a registered sale deed.