JWALA PRASAD TIWARI Vs. TETAR CHAMAR

JUDGEMENT

(1.) The order of remand passed under Order XLI Rule 25 of the CPC by the first Appellate Court in Title Appeal No. 42/2005 is under challenge before this Court by the plaintiffs/appellants.

(2.) Plaintiffs/appellants filed Title suit No. 97/1990 for declaration of right, title and interest over suit property with respect to 12.09 acre of land as detailed in Schedule of the plaint.

(3.) As per the case of the plaintiffs, the suit land was surrendered by the recorded tenant to the ex-landlord and proprietor, namely Jairam Tiwary by filing a petition in the year 1919 addressed to the Deputy Commissioner, Palamau which was registered as Case No. 118/1919-20. The surrender of land was accepted and it was allotted to Ramsundar Tiwary who was the father of Jairam Tiwary and Tiwary Sheonandan Ram.