BIRSA ORAON Vs. SURESH NAND TIWARY

JUDGEMENT

(1.) Heard learned counsel for the appellants and respondent No. 1 in Person.

(2.) The instant appeal is preferred on behalf of the appellants against impugned Judgment dtd. 13/12/2022 and decree dtd. 3/1/2023 passed by the learned Civil Judge (Senior Division)-V, Ranchi in Original Suit No. 372 of 2018, whereby and whereunder the learned trial court has decreed the suit of the plaintiff.

(3.) The brief facts leading to this appeal are that plaintiff/respondent No. 1 Suresh Nand Tiwary had instituted a suit against defendant nos.1 to 11 and against defendant No. 12 as a statutory defendant with these av rments that he is an original inhabitant of village Pungi, P.O. Karkara, P.S. Mandar, P.S. No. 106 District-Ranchi wherein he has also renovated his native house and landed property situated therein, however, due to the professional busy schedule as one of the leading Advocates, the plaintiff mostly resides in his house Sachindanand Bhawan situated at Mohalla Hehal, (Patwatoli) P.O. Hehal, P.S. Sukhdeonagar, District-Ranchi. The plaintiff also owns and possess ancestral, paternal and self-acquired landed property in the village Pungi with a pucca residential house and orchad over an area of 3.28 acres. The paternal landed property of the plaintiff/respondent No. 1 also includes an area of 5.77 acres of land pertaining to Plot Nos.38, 460, 761, 934, 935, 936, 1174, 1299 and 1300 of Khata No. 71 in first revisional survey and Khata No. 111 under draft of ongoing second revisional survey operation. The details of which is given at the foot of the plaint and referred herein as property in suit. The said lands are the raiyati lands of the plaintiff and he has been in exclusive possession over the same being the sole son of his mother since the year 2010, after her demise. The mother of the plaintiff had purchased an area of 6.43 acre of land out of the total area of 12.43 acre of the said R.S. Khata No. 71 by virtue of a registered deed of sale dtd. 7/4/1953 which was executed by one Girija Nand Tiwary son of Jagnaresh Nand Tiwary in favour of mother of plaintiff, namely, Bimala Kumari Devi @ Bimla Kumari @ Bimala Kuwari.