MOHAN AHIR Vs. MUNI DEVI

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and decree dtd. 27/3/2019 (decree signed on 5/4/2019) passed by the learned District Judge-V, Gumla in Title Appeal No. 13/2014 whereby the learned appellate court has dismissed the appeal and confirmed the judgment and decree dtd. 15/3/2014 (decree signed on 27/3/2014) passed by the learned Civil Judge (Sr. Division-I), Gumla in Title Suit No. 29/2003. The learned trial court has decreed the suit with contest.

(2.) The appellants were the defendant nos. 1, 5 and 6 in the Title Suit No. 29 of 2003 and the Respondent no.6 was the appellant no. 4 before the learned 1st appellate court. The original defendant no. 2 and 3 were shown dead in the 1st appellate court's decree, they are Khubi Ahirin and Taramuni Devi respectively. Khubi Ahirin was the wife and Taramuni Devi was the daughter of Late Kandan Ahir. They were shown as dead in the memo of appeal also which was filed before the learned 1st appellate court. However, the trial court judgement and decree does not show them dead. Mohan Ahir, who is the appellant no.1 before this court is the son of Kandan Ahir.

(3.) This appeal was admitted for hearing vide order dtd. 1/3/2023 on the following substantial questions of law: -