RAM KHELAWAN MALLAH Vs. BASANTI DEVI

JUDGEMENT

(1.) This second appeal has been filed by the defendants of the suit against the judgment and decree dtd. 22/7/2019 (decree signed on 27/7/2019) passed in Civil Appeal No. 151 of 2018 by the learned District Judge-XIV, Dhanbad whereby the learned first appellate Court has reversed the judgment and decree dtd. 29/6/2018 (decree signed on 12/7/2018) passed by learned Civil Judge (Junior Division), Dhanbad in Title Suit No. 114 of 2003.

(2.) Title Suit No. 114 of 2003 was filed by Munilal Karmakar, son of Late Uday Karmakar and Baneshwar Karmakar, son of Shri Munilal Karmakar against the defendants namely, Ram Khelawan Mallah, Krishna Mallah and Vijay Mallah, sons of late Manik Mallah. The suit was for declaration that the plaintiffs were the occupancy raiyat having title and interest over Schedule-A land and in the alternative, if the plaintiffs found dispossessed during pendency of the suit, for recovery of Khas possession thereof. A prayer was also made seeking permanent injunction restraining the defendants, their heirs etc. in connection with the suit property.

(3.) The suit was dismissed by the learned trial court and the appeal was allowed by the learned first appellate court. The defendants are the appellants before this Court.