CHATURBHUJ NARAIN MISSIR @ MISHRA SON OF LATE RAJESHWAR MISSIR Vs. RAMPATI DEVI WIFE OF BHUPENDRA MANI TRIPATHI

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for respondent no. 1.

(2.) THIS second appeal has been filed by defendants -respondents -appellants against the judgment and decree of the learned court of appeal below. The matter arises out of Title Suit No. 190 of 1989, which was filed by the sole plaintiff -appellant - respondent no. 1 for declaration that the two deeds of gift dated 8.2.1989/1.3.1989 (Exts. B and B/1) executed by Ramkali Kuwar in favour of defendants no. 1 to 4 were forged and fabricated and not binding on the plaintiff and for other ancillary reliefs.

(3.) THE said suit was dismissed on contest with cost by the learned Munsif, Gopalganj vide judgment and decree dated 17.12.2005. Against the said judgment and decree of the trial court the plaintiff filed Title Appeal No. 13 of 2006 (26/07), which was allowed on contest with cost by the learned 1st Additional District Judge, Gopalganj setting aside the judgment and decree of the trial court and decreeing the suit filed by the plaintiff vide judgment and decree dated 20.3.2008. Against the aforesaid judgment and decree of the court of appeal below the instant second appeal has been filed.