MISHREE LAL SAH Vs. JAGARNATH SAH

JUDGEMENT

(1.) Second Appeal No. 202 of 1990 and Second Appeal No. 250 of 1991 were heard analogous as common question of law was involved in both the second appeals and, as such, the same are being disposed of by this common judgment. The judgment is being delivered in Second Appeal No. 202 of 1990.

(2.) Second Appeal No. 202 of 1990 has been preferred against the judgment dated 20-3-90 passed by the 4th Additional District Judge, Saran at Chapra in Title Appeal No. 53/86 whereby he has been pleased to dismiss the appeal filed by the defendant- appellant Mishri Lal Sah against the judgment dated 30th April, 1986, passed by Sri K. M. .Srivastava, Sub-Judge find, Chapra, in Title Suit No. 66 of 1983 whereby he had decreed the suit of the plaintiff respondent.

(3.) Second Appeal No. 250 of 1991 has been preferred against the judgment dated 7th February, 1991, passed by Sri Birendra Kumar Sinha No. II, 3rd Additional District Judge, Saran, Chapra, in Title No. 88 of 1986 whereby he has been pleased to dismiss the appeal filed by the defendant-appellant Smt. Badamo Devi against the judgment dated 16-8-86 passed in Title Suit No. 67/68/80/86 by Sri S. K. Pathak, 4th Additional Sub-Judge, Chapra, whereby he had decreed the suit of the plaintiff-respondent. In both the suits respondent Jagarnath Sah was the plaintiff.