YAKUB KHALIFA Vs. BIBI JAIBUN NISA

JUDGEMENT

(1.) This second appeal has been filed against the judgment dtd. 31/3/2023 and decree dtd. 12/4/2023 passed by learned District Judge-II, Palamau at Daltonganj in Civil Appeal (Title Appeal) No. 5 of 2017 whereby the appeal has been dismissed and the judgment dtd. 31/3/2017 (decree dtd. 21/4/2017) passed by learned Additional Junior Civil Judge, Palamau at Daltonganj in Title Suit No. 80 of 1995 has been affirmed.

(2.) The defendant is the appellant before this Court. The plaintiffs had filed suit seeking declaration of right and title of the plaintiffs in respect of the suit property mentioned in schedule -A to the plaint and further sought a declaration that the privileged parcha granted to the defendant vide Miscellaneous Case No. 3 of 1994-95 was fraudulent and without jurisdiction. A relief was prayed seeking eviction of the defendant from the suit premises and a further prayer was made for a money decree of Rs.900.00.

(3.) The learned counsel for the appellant has made the following submissions which have been recorded in the order dtd. 20/1/2025:-