BALKISHUN RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This second appeal has been filed against the judgment dtd. 12/6/2017 (decree dtd. 24/6/2017) passed by learned District Judge-V, Chatra in Civil (Title) Appeal No.15 of 2012 whereby the appeal has been dismissed. The appeal was filed by the plaintiffs against the judgment dtd. 30/3/2012 (decree dtd. 12/4/2012) passed in Title Suit No.15 of 2005 by learned Munsif, Chatra whereby the Title Suit was dismissed. The plaintiffs are the appellants against judgment of affirmance.

(2.) The impugned judgment and decree passed by the learned 1st appellate court reveals that two appeals were decided by the same judgment, they are Civil (Title) Appeal No.15 of 2012 filed by the plaintiffs and Civil (Title) Appeal No.17 of 2012 filed by the defendant no. 9 to 12 (interveners) and by the impugned judgment both the appeals were dismissed on contest with modification regarding cost. This appeal is confined to Civil (Title) Appeal No.15 of 2012.

(3.) The suit was filed seeking a declaration of the plaintiffs' right, title and interest over the suit land shown in "Schedule A" after adjudication. A further relief was prayed that the plaintiffs' possession over the suit land be found and confirmed and if the plaintiffs be found dispossessed, during the pendency of the suit, then the possession be restored through the process of court. Schedule -A to the plaint is quoted as under: -