RANJANA DEVI @ RANJAN DEVI Vs. SHANTI DEVI

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dtd. 21/2/2011 passed in Title Appeal No. 60 of 2010 by the learned Additional District & Sessions Judge, F.T.C-3rd, Banka, whereby the learned appellate court below has allowed the appeal filed by the defendants/respondents and set aside the judgment and decree dtd. 20/5/2010 passed by Sub- Judge-1, Banka in Title Suit No. 22 of 1997 and reversed the judgment and decree passed by the learned trial court.

(2.) In the present Second Appeal, the following substantial question of law has been formulated for determination:-

(3.) The suit in question was filed alleging that the plaintiffs and the defendants are the descendants of common ancestor, namely, Mahipal Bhagat, who had five sons. Mahipal Bhagat died in jointness with his son Patiram Bhagat, who had one son, namely, Sini Ram Bhagat. Both the parties belong to the branch of Sini Ram Bhagat. Sini Ram Bhagat had two wives. From the first wife, there was one son, namely, Mahadev Bhagat and from the second wife, there was one son, namely, Jagdish Bhagat.