RAMENDRA NARAYAN SINGH Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 10.7.1985 passed by Shri Tarkeshwar Narain, Subordinate Judge, Khagaria in T.A. No. 7 of 1981, affirming the judgment and decree dated 31.1.1981 passed by Shri Sheo Kumar Prasad, Munsif, Khagaria in T.S. No. 26 of 1976.

(2.) At the out set it may be mentioned that the Plaintiff-Appellant earlier filed a Second Appeal against the judgment and decree dated 31.1.1981 passed by the Munsif, Khagaria in T.S. No. 26 of 1976. The earlier second appeal was numbered as S.A. No. 48 of 1982 and the same was heard by a Bench of this Court, which allowed the aforesaid appeal and set aside the judgment and decree of the lower appellate court dated 21.1.1982 and the case was sent back to the lower appellate court for a fresh decision after hearing the parties on the materials on record in accordance with law. Thereafter the matter was again heard by the lower appellate court and this impugned judgment has been passed on 10.7.1985, whereby the appellate court has again dismissed the appeal against the Appellant. Thus this Plaintiff's appeal is against the judgment of affirmance.

(3.) The Plaintiff's case may be stated in brief as follows: