GAJADHAR PRASAD SINGH Vs. SHEO NANDAN PROSAD SINGH

JUDGEMENT

(1.) This appeal has bean preferred by the defendants 2nd party under the provisions of Clause 15 of the Letters Patent.

(2.) The suit was instituted by the plaintiffs asking for a declaration of their right to joint possession with the defendants 2nd party of 41 bighas and 4 dhurs of land, on the allegation that the same formed part of the khudkasht lands of the maliks. Alternatively the plaintiffs asked for a partition of such lands.

(3.) The defendants 2nd party, who alone contested the suit, denied that the land in suit was khudkasht and alleged that the same was held by two tenants, Awadh Behari and Isri Prasad. The learned Subordinate Judge at the trial decided the suit in favour of the plaintiffs. Against that, decision the defendants 2nd party preferred an appeal to this Court. The appeal came on for hearing before Sharfuddin and Coxe, JJ.