LAL BABU YADAV Vs. RAM BILASH RAI

JUDGEMENT

(1.) The defendants first set and second set have filed the appeals against the judgment and decree dated 14th May, 1991 passed by 2nd Additional District Judge, Patna setting aside the judgment and decree dated 3-1 1-1983 passed by Add. SubJudge II, Patna in Title Suit No. 242 of 1977/075 of 1981 dismissing the suit filed by the respondents.

(2.) At the stage of hearing under Order 41, Rule 11 of' the Code of Civil Procedure (in short the Code) itself the plaintiffs respond dents appeared :and as such the parties have been heard and the appeals arc being disposed of at this stage.

(3.) The plaintiffs-respondents had filed the suit for declaration of title and confirmation of possession and in the alternative for, recovery of with regard to the lands detailed in Schedules A and B of the plaint. Schedule A contain lands of Khata No. 121, Plot No. 148 area 1o decimals and Schedule B contains land of Khata No. 275 Plot Nos. 149 and 152, Khata No. 87 Plot No.150 and Khata No. 302, Plot No. lsl situate in village Nasirpur, in the district of Patna, Schedule C of the plaint contains plot Nos 153, 154 and 155 with regard to which no relief has been claimed.