KHOKU MANDAL Vs. LULU MANDALANI

JUDGEMENT

(1.) Plaintiffs and proforma defendant nos. 5 and 6 in Title Suit No. 2 of 1997 are the appellants aggrieved by the judgment and decree dated 31st August, 1999 passed by learned Sub Judge-II, Seraikella, whereby the suit was dismissed on contest with cost.

(2.) The facts, as pleaded by the parties before learned trial court, are briefly stated as under:

(3.) Plaintiffs asserted lack of any right in favour of defendant nos. 1 to 4 over the suit land. The plaintiffs have asserted ½ share and proforma defendants have asserted ½ share over the suit land. The suit lands were recorded in the revisional survey and settlement in Khata no. 56 of Hundrupathardih. It is alleged that defendant nos. 1 to 4 started proclaiming in the month of Baishak last year that they have 1/3rd share of the suit land under Khata no. 56 noted in the Khatiyan in the name of their father. Plaintiffs obtained certified copy of Khatiyan of Khata no. 56 and found in column no. 2, name of father of defendant nos. 1 to 4 with 20 Annas entered against his name along with the names of plaintiffs and proforma defendants. They asserted that entry of 20 Annas or 1/3rd share in the name of Charan Mandal, is palpably wrong and erroneous.