GOODEYA PAHAN Vs. ABIRAM MINDA

JUDGEMENT

(1.) This second appeal arises out of a judgment and decree dated 31-3-1980 passed by Shri Ramchandra Prasad, 1st Additional Sub-Judge, Ranchi in Title Appeal No. 25/12 of 1969/78 whereby and whereunder the said learned Court affirmed the judgment and decree dated 31-1-1969 passed by Shri Akhauri Anjani Kumar Singh, Additional Munsif, Khunti in Title Suit No. 15/5 of 1963/68 dismissing the plaintiffs-appellants' suit.

(2.) In view of the points of law involved in this case it is not necessary to state the facts in details.

(3.) Suffice it to say that a dispute arose in relation to the possession of the property in question by and between the parties to the suit culminating in a proceeding under Section 145 of the Code of Criminal Procedure. The said proceediug under Section 145 of the Code of Criminal Procedure was ultimately decided against the plaintiffs-appellants and in favour of the defendants-respondents by the Executive Magistrate on 23-6-1960. Admittedly the present suit was instituted for declaration of title and recovery of possession by the plaintiffs-appellants on 12-12-1963.