RAM DULARI DEVI Vs. KAPILDEO SINGH

JUDGEMENT

(1.) Heard the learned counsel for the appellants.

(2.) This Second Appeal, under Sec. 100 of Code of Civil Procedure, has been preferred against the judgment of reversal dtd. 23/5/2018 passed by the District Judge-II, Koderma in Civil Appeal No.18 of 2012 whereby and where under the learned first appellate court allowed the appeal and set aside the judgment and decree impugned before it passed by the Civil Judge-III, Koderma in Title Suit No.01 of 2005A dtd. 31/7/2012.

(3.) The brief facts of the case is that the plaintiffs, who are the appellants of the Second Appeal, filed Title Suit No.01 of 2005A in the court of Munsif, Koderma with a prayer that on adjudication, a decree may be passed in favour of the plaintiffs declaring their title over the suit land as described by boundaries in the Schedule 'B' by holding that the land measuring 0.16 acres as per the boundaries given in Schedule 'B' to the plaint, appertains to plot No.4322 and not plot No.4323 under Khata No.29 of village Koderma, cost of the suit and other reliefs. In the plaint, the Schedule 'B' land has been described by its area of 0.16 acres and boundaries on north, south, east and west. In the Schedule 'B', the plot number of the suit land has not been mentioned.