UDAI NATH MAHTO Vs. SARASWATI DEVI

JUDGEMENT

(1.) 2023 Heard Mr. Amar Kumar Sinha along with Mr. Kundan Kumar Ambastha, learned counsel appearing for the appellants and Mr. V.K. Prasad, learned counsel appearing for the respondents and Mr. Akhilesh Prasad, learned counsel appearing for the respondent Nos. 18(b) to 18(g).

(2.) Both these appeals are arising out of the same judgment and that's why both the second appeals have been heard together with the consent of the parties.

(3.) Title Suit No. 31 of 1963 was filed by Ganeshi Mahto and others against Kapil Mahto and others. Ganeshi Mahto, on his death was substituted by his heirs Etwari Kuar, widow and Kapilnath Mahto has been substituted by his heirs Barhamdeo Mahto and others. This suit was filed for declaration that the suit lands, as described in the schedule, were the raiyati lands of the plaintiffs and the defendants have no right, title or possession over the same and for recovery of possession thereof after evicting the defendants from the suit land also for mesne profit. The suit lands were (i) Plot Nos. 550, 552, 1099 and 643 under Khata No. 89, (ii) Plot No. 554 in Khata No. 90, (iii) Plot Nos. 549, 551 and 04 in Khata No. 91, all situated in village Rabdi, P.S.-Paton, District-Palamau, measuring the total area of 1.57 acres.