UMA SHANKAR MISHRA Vs. PRADEEP SINGH

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment dated 13.7.1988 and decree dated 20.7.1988 passed by Sri Narendra Bahadur Verma, District Judge, Nalanda at Biharsharif in Title Appeal No. 58 of 1986 whereby he has been pleased to confirm the judgment dated 6.9.1986 and decree dated 19.9.1986 passed by Sri Sheo Shankar Singh, Additional Munsif in Title Suit No. 29 of 1982 / 57 of 1986 dismissing the suit of the plaintiff. The plaintiff-appellant being aggrieved by and dissatisfied with the said judgment and decree has preferred this second appeal.

(2.) THE brief facts which gave rise to filing of this second appeal are as follows: Plaintiff-appellant Uma Shankar Mishra alias Lakshman Jee filed Title Suit No. 29 of 1982 in the court of the Munsif, Nalanda at Biharsharif for declaration of his right, title and interest and confirmation of his possession with respect to the suit property described in the schedule of the plaint and also for restraining the defendants permanently from going over the suit land. He has also prayed to decree the suit with cost. THE defendants-respondents appeared in the suit and contested the claim of the plaintiff. Both the parties adduced oral as well as documentary evidence and thereafter the learned Additional Munsif, Nalanda at Biharsharif vide his judgment dated 6

(3.) FROM perusal of the judgment of the trial court it appears that the trial court considered issue Nos. (iv) and (v) as the main issues in the suit and after making full discussion on the abovementioned issues, the trial court came to the conclusion that. Lal Bihari Mishra was not the Farzidar of Mahabir Prasad Mishra and Shiv Nandan Mishra rather he was the real purchaser of the suit property and the defendants are the bonafide purchasers of the suit land from the heirs of Lal Bihari Mishra and they are in possession of the suit land. It further transpires that on the basis of the above findings, the trial court dismissed the suit of the plaintiff. Against the said dismissal of the suit, the plaintiff-appellant preferred appeal which was numbered as Title Appeal No. 58 of 1986 and the same was finally disposed of on 13th July, 1988 by the then District Judge, Nalanda who dismissed the appeal and confirmed the finding of the trial court.