RAM RABIDAS Vs. SHYAMA DASI

JUDGEMENT

(1.) Defendant No. 1 is the appellant who has preferred the instant appeal against the judgment in Title (Partition) Appeal No. 2/2013 whereby and whereunder, the judgment and decree of partition in Title (Partition) Suit No. 28/2008 was affirmed.

(2.) The plaintiffs filed partition suit with respect to Schedule-I and Schedule-II of suit property for half share of each plaintiff and for permanent injunction.

(3.) The case of the Plaintiff is that the suit land was recorded in the name of Kalipadi Mochi, Bhakti Mochi, Ganpati Mochi S/o. Gour Mochi and Gopal Mochi, Nepal Mochi S/o. Wakil Mochi as per the genealogical table given in Page-10 of the plaint. The suit property was earlier partitioned between the parties on the basis of which a Bantanama was prepared for their right of occupancy. Both the suit lands were partitioned as per Bantanama on 8/7/2001 and the suit land was partition by metes and bound. But the defendant No. 1 without following the Bantanama has been forcibly occupying the share of plaintiff and had cut away 150 bamboos and 2 kathal trees.