MALINDO MARANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred at the instance of plaintiff -appellants against the impugned judgment and decree dated 6.7.1988 and 18.7.1988 respectively passed in Title Appeal No. 4 of 1987 by Shri Jugal Kishore Prasad, VIth Additional Sessions Judge, Palamau whereby and whereunder the said appeal was dismissed affirming the judgment and decree passed in Title Suit No. 25 of 1986 by the 1st Additional Munsif, Daltonganj.

(2.) THE plaintiff -appellants had filed Title Suit No. 25 of 1986 for declaration that the defendant -respondents have no right to demolish any portion of the construction existing on plot No. 82 of khata No. 17 as well as on plot Nos. 83, 84 and 85 of khata No. 35 of village Badaulla and the defendant -respondents have also no right to construct the road over the aforesaid plots besides restraining them by issuance of permanent injunction from demolishing the said house and from constructing road over the same.

(3.) THE case of the defendant -respondent Nos. 1 to 3, inter alia, is that the plaintiff -appellants have no right title and possession over the land of fchata Nos. 17 and 35 especially over which the village road is to be constructed and the house of plaintiff -appellant No. 3 over plot No. 82 is not being affected by the construction of the village road. It is alleged that the proposed village approach road running from Akhauri Khap to Badaulia is to be constructed on government land of plot Nos. 83, 84, 85 and 126 which are all Gairmozarua land and, therefore, there is no need of any acquisition of the said land and there is also no house of plot No. 85 aforesaid.