BHAVANI NAYEK Vs. MAKRU NAYEK

JUDGEMENT

(1.) Heard1. Mr. Atanu Banerjee, learned counsel for the appellants and Mr. Ajit Kumar, learned counsel for respondent nos. 1 and 2, who has appeared pursuant to the notice issued by this Court vide order dtd. 12/7/2017.

(2.) The present second appeal has been filed being aggrieved and dissatisfied with the judgment and decree dtd. 31/3/2009 (decree signed on 16/4/2009) passed by the learned Additional District Judge, Ghatshila in Title Appeal No.35/1994, whereby, the judgment and decree dtd. 30/6/1994 (decree signed on 7/7/1994) passed in Title Suit No.46/1991 by the learned Subordinate Judge-I at Ghatshila has been affirmed by the learned appellate court.

(3.) The appellant/plaintiff instituted the suit being Title Suit No.46/1991 for declaration of title and recovery of possession in respect of 7.41 acres of land comprised in plot nos.1751, 1752 and 1708 appertaining to Khata No.51 of village Badia, P.S. Musabani, District- East Singhbhum, described in the schedule of the plaint. The said suit was dismissed vide judgment dtd. 30/6/1994 by the learned Subordinate Judge-I, Ghatshila. Being aggrieved with that judgment, the appellant herein preferred Title Appeal No.35/1994 which was decided against the appellant vide judgment dtd. 31/3/2009 (decree signed on 16/4/2009).