RAMDHAN MAHTO Vs. MOSTT.BATI

JUDGEMENT

(1.) PLAINTIFFS are appellants. Admittedly, Sukhwa Mahto, Laldeo Mahto and Sawna Mahto were sons of Rungtu Mahto, plaintiffs are grand son of Kartik Mahto, being son of Jangal, whemas defendants 1 to 3 are grand daughter of Sukhwa Mahto and defendant no. 4 is son of Kartik Mahto.

(2.) PLAINTIFFS filed suit for declaration of their title along with defendant no. 4 and for recovery of possession by evicting defendants 1 to 3 from the suit lands, described in Schedule to the plaint.

(3.) IT is not in dispute that Revisional Survey Khata No. 35 was carved out from Cadastral Survey Khata No. 23, which was exclusively recorded in the name of Sukhwa Mahto in the cadastral survey khatian, Ext. G. Sukhwa Mahto died leaving behind a son, Sonararn Mahto, who died leaving behind his widow, Mastt. Jharmo a son, Haradhan Mahto and three daughters, defendants 1 to 3.