SHANTI DEVI Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) This is plaintiffs' appeal, under Section 100 of the Code of Civil Procedure, against the judgment and decree of reversal dated 19.07.1986 passed in Title Appeal No.26 of 1983/20 of 1985 by the learned lower appellant Court whereby the judgment and decree dated 19.07.1983 passed in Title Suit No.44 of 1975 in favour of the plaintiffs has been set aside.

(2.) Original plaintiffs late Gauri Shankar Prasad Sahu and late Hari Prasad Sahu had brought the suit aforesaid against the defendants-respondents claiming declaration of title on 1 Katha 6 Dhurs of plot No.1284 at Mohalla Nariyal Bazar, Ward No.8 in the town of Madhubani and for recovery of possession from 1 dhur 65 dhurkis of the same plot which was encroached by the defendants to their land situated at the western boundary of the land of the plaintiffs.

(3.) The plaintiffs asserted that the aforesaid area of 1 katha 6 dhurs was allotted to the father of plaintiff Gauri Shankar Sahu in a partition suit vide Title Suit No.398 of 1919-20. A copy as Exhibit-4C. Thereafter, in a partition amongst three brothers of plaintiff Gauri Shankar Sahu, the aforesaid suit property came to the share of Gauri Shankar Sahu vide decree dated 12.07.1955 passed in Title Suit No.71 of 1955, a copy as Exhibit-F. The plaintiff asserted that cause of action arose on 25.05.1975 when the defendants attempted to make construction after encroaching upon the aforesaid portion and the suit was filed on 02.06.1975.