BALESHWAR PRASAD BURNWAL Vs. KISHOR KUMAR SINHA

JUDGEMENT

(1.) Heard Mr. J. P. Jha, counsel appearing on behalf of the appellant assisted by Mr. Aishavarya Prakash, Advocate.

(2.) This Second Appeal has been filed against the Judgment dated 19.08.2011 and Decree signed on 01.09.2011 passed by learned First Additional district Judge, Giridih in Title Appeal No. 28 of 1996 confirming the Judgment dated 07.06.1996 and Decree signed on 22.06.1996 passed by learned Sub-Judge-III, Giridih in Title Suit No. 06 of 1984-1988. The facts of the case as argued by the counsel for the appellant in short is that Shiv Shankar Prasad had filed Title Suit No. 06 of 1984 for adjudication of his raiyati right over the land describe ScheduleA of the plaint and further prayer was made that upon adjudication the order of settlement and so-called settlement proceeding pending before defendant no. 3 be stayed. The plaintiffs also prayed for temporary injunction against the defendants, their sons, agents and constructors not to make any construction over the property involved in the case.

(3.) The specific case of the plaintiffs was that the Bibhuti Bhushan Prasad father of Shiv Shankar Prasad and common ancestor of the plaintiffs had acquired 0.14 acres of land in Thana No. 95, Khata No. 49 Plot No. 633 by a Hukumnama dated 13.07.1932 and further another Settlement of land measuring 0.10 acres in the said plot which however he had disposed of. After the death of Bibhuti Bhusan Prasad, the plaintiffs inherited by succession, the said land of 0.14 acres and got their name mutated by Mutation Case No. 238/1963-64 and have been paying rent to the Government of Bihar and have come in peaceful possession over the said land and the plaintiff along with the defendant no. 2 who was also one of the successors of the said property. As one of the plaintiffs Shri Sunit Kumar was a lunatic, it was prayed that he may be allowed to be represented through his mother and natural guardian.