BALRAM MAHALDAR Vs. MOST. BATIA

JUDGEMENT

(1.) This appeal has been filed against the judgment dtd. 27/4/2017 and decree dtd. 4/5/2017 passed by learned Principal District Judge, Sahebganj in Title Appeal No.15 of 2014 whereby the appeal has been dismissed. The Trial Court judgment is dtd. 5/6/2014 and decree is dtd. 16/6/2014 which has been passed by Senior Civil Judge ' 1, Sahibganj in Title Suit No.3 of 2006 whereby the suit was dismissed on contest. The plaintiffs are in second appeal before this court. The present appeal stood abated against respondent no.3 vide order dtd. 16/2/2023.

(2.) This second appeal was admitted on following substantial question of law:-

(3.) The learned senior counsel for the appellant has submitted that one Title Suit No.24 of 1989 was filed by the defendants of this case seeking a declaration that the order passed by the Revenue Authorities in R.E. Case No.9 of 1985-86 and Revenue Miscellaneous Appeal No.19 of 1987-88 were illegal void and inoperative and not binding on the defendants of this case and a prayer seeking decree for permanent injunction was made in connection with the suit property. The learned counsel has submitted that the defendants in the said title suit were Kalu Mahaldar, Balram Mahaldar and Jagdish Mahaldar. He has also submitted that Lakhi Mahaldar was also a party in the title suit whose name was deleted on account of his death during the pendency of the said title suit.