ANANT RAM Vs. PRABHA DEVI @ PRABHAT DEVI

JUDGEMENT

(1.) Heard Sri Atanu Banerjee Advocate on behalf of the appellants and Sri V.K. Prasad, Advocate on behalf of the contesting respondents. The instant Second Appeal arises out of the judgment dated, 25th March, 2003 and decree signed on 5th April, 2003 in Title Appeal No. 16 of 1997 by the Additional Judicial Commissioner, F.T.C., Ranchi, setting aside the judgment dated 30th January, 1997 and decree dated 7th February, 1997 passed in Title Suit No. 17 of 1989 (Anant Ram & others v. Prabha Devi & others).

(2.) The plaintiffs-appellants instituted a suit against the defendant-respondents for a decree of declaration of right and title over land described in Schedule-'C' and partition of 1 /2 share in the land described in Schedule-'B'. The claim for partition of 1/2 share in Schedule-'B' property by appointing a pleader commissioner was also a relief claimed in the plaint. Alternatively a relief for decree against the defendants with a direction to execute and register a deed of Safinama in favour of the plaintiffs in respect of the property described in Schedule- 'C appended with the plaint.

(3.) Sub-Judge-IV, Ranchi decreed the suit in part and directed for preparation of a preliminary decree of partition by metes and bounds in favour of the plaintiffs for 1/2 share in the entire suit lands of R.S. Khata No. 34 and 3/4 share in the entire suit lands of R.S. Khata Nos. 33, 203 and 81. The appeal preferred by the defendants-respondents was allowed. The lower appellate Court recorded a finding that the Sub-Judge-IV granted a relief, which was not even sought by the plaintiffs in the plaint and reversed the judgment and decree of the trial Court.