JYOTILAL SINGH Vs. SRIKANT SINGH

JUDGEMENT

(1.) AT the time of admission of this appeal, two substantial questions were framed : - -

(2.) THIS appeal arose out of the suit filed by the plaintiff -appellant who was the objector before the Sub -Divisional Officer and the order had gone against him appointing the defendant as Pradhan in a proceeding for appointment of Pradhan of village Dhobona. He claimed to be the Jamabandi Raiyat of Mouza Dhobona @ Kalajhoria within the P.S. Nala. The appellant subsequently filed a suit being T.S. 41/43 of 1976/1983 for declaration that the appointment of the defendant as Pradhan was not in accordance with law and is void. The admitted case of the parties was that after the death of the father of the defendant, the defendant as well as the plaintiff claimed themselves as Pradhan of the village and they filed their respective petitions before the Sub -Divisional Officer praying for appointment as Pradhan of the village. Consequently two cases were registered before the Sub -Divisional Officer, Jamtara and the same were disposed of by order dated 22.3.1976 and the defendant was appointed as Pradhan of Mouza Dhobona @ Kalajhoria.

(3.) IN the said title suit parties led evidences and several issues were framed. After thorough discussion and consideration of the evidences and materials on record and provisions of law learned trial Court dismissed the suit by judgment and decree dated 1.4.1986.