DEVENDRA THAKUR Vs. BIGU THAKUR

JUDGEMENT

(1.) THIS appeal is by the plaintiffs against the concurrent judgment and decree of the courts below dismissing the suit filed in the year 1974 before the Munsif, Hajipur for declaration of title and confirmation of possession with respect to the lands described in Schedules of the plaint.

(2.) THE suit was filed in the following circumstances. The common ancestor of the contesting parties was one Hittan Thakur, who had three sons, namely, Kamleshwar Thakur, Singheshwar Thakur and Gopi Nath, Thakur. Kamleshwar Thakur died leaving behind only one son Murlidhar Thakur, who also died issueless and thus his branch became extinct. Singheshwar Thakur died leaving behind a son Pramod Thakur, who was father of the present appellant Devendra Thakur. Gopi Nath Thakur died leaving present defendant respondent no.1 Bigu Thakur, whose wife and sons are other respondents.

(3.) THE plaintiffs claim to have taken settlement of land of plot nos.1239 and 1561 of village Pojhia Keso from the State of Bihar and he has been coming in possession over these plots. The plaintiff alleged that whatever land the plaintiff got by partition in C.S.P.No.2226, the defendant got amalgamated with his land and got revisional survey plot carved out as R.S.P.No.1031 and got it recorded illegally in his own name. It was secondly alleged that 3 katha 131/2 dhurs of land of C.S.P.No.882 which the plaintiff got by partition and which corresponds to R.S.P.No.525, there are four R.S.P.Nos. 822, 823, 824 and 825 prepared from C.S.P.Nos.1774 and 1775. The defendant 's share is 41/2 katha in R.S.P.No.823.