MAINA DEVI ALIAS MAINABATI BAGORIA Vs. MOHD ASAGAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 5-5-94 passed by Shri Raja Ram Singh, the then District Judge, Giridih in Title Appeal No. 8 of 1993 reversing the judgment and decree dated 6-2-1993 passed by Shri Vijay Bahadur Singh, Sub Judge-III, Giridih in Title Suit No. 92 of 1986.

(2.) The suit of the plaintiff-respondent was dismissed in the original Court while the said dismissal had been set aside in the first Appellate Court and decree has been granted in favour of the plaintiff-respondent.

(3.) The suit was filed by the plaintiff- respondent for declaration of his right, title and interest in respect of the suit property which appertains to Dag No. 1300 and 1301 under Khata No. 187 of village Jaridih Pachamba. It is the admitted case of the parties that Rangu Gaddi and Mithu Gaddi were jointly recorded as Basatu right over Khata No. 187 having various plots and Dag numbers. The Khata was recorded under joint names of Rangu Gaddi and Mithu Gaddi, but according to the plaintiff, although Khata was in joint name but the Survey authorities recorded separate possession of Rangu Gaddi and Mithu Gaddi in the remarks column in a number of plots and some plots remained joint. The plaintiff has claimed his right over the suit plots on the basis of his purchase from the share of Mithu Gaddi.