LAL BIHARI KUMHAR Vs. DHANMATI DEVI

JUDGEMENT

(1.) Heard Mr. Manjul Prasad, learned senior counsel assisted by Mr. Baban Prasad, learned counsel for the appellants and Mr. Sudhir Kumar Sharma, learned counsel assisted by Mr. Shashi Shekhar Dwivedi, learned counsel for the respondents.

(2.) The instant second appeal has been preferred against the judgment of reversal dtd. 11/7/2003 and decree signed on 22/7/2003 passed by learned Additional District Judge, Fast Track Court, Seraikella-Kharswan in Title Appeal No. 5/1996, whereby and whereunder, the appeal has been allowed and the judgment dtd. 18/1/1996 and decree signed on 5/2/1996 passed by learned Subordinate Judge-II, Seraikella in Title Suit No. 47/1988 has been set aside.

(3.) The factual matrix giving rise to this second appeal is that the plaintiffs / respondents have instituted a title suit bearing Title Suit No. 47 of 1988 seeking relief for declaration of their right, title and interest over the property described in Schedule-A of the plaint and also for recovery of khas possession thereof after ejecting the defendants from the suit land along with cost of the suit.