RAJ KISHORE PRASAD Vs. TRIPURARI SHARAN SHARMA

JUDGEMENT

(1.) THIS appeal by the plaintiffs has been preferred against judgment and decree dated 5.8.1995 passed by 7th Kailash Bihari Thakur Versus Bihar State Food and Civil Supplies Corporation Additional District Judge, Nalanda at Biharsharif in Title Appeal No. 92 of 1990 thereby the learned Additional Judge has dismissed the appeal and affirmed the judgment and decree dated 31.8.1990 passed by 5th Sub Judge, Biharsharif in Title Suit No. 68 of 1980/19 of 1990.

(2.) THE plaintiff -appellants filed the aforesaid suit for declaration of their title and recovery of possession over the suit lands detailed at the foot of the plaint. The suit land is 31 decimals out of Plot Nos.1561 and 1562 situated in village Madhopur, P.S. Chandi, District Nalanda.

(3.) THE further case of the plaintiffs is that they filed title mortgaged Suit No. 77 of 1963 for redemption against Ramswaroop Singh. Ramswaroop Singh denied having any possession over the suit land as mortgagee and stated that Mahendra Narain Singh, father of the defendant 1st set was actually title holder and in possession over the same. Ultimately, the plaintiffs lost the suit up to High Court. Thereafter, this suit was filed against the defendant.