JUDGMENT :-

M.Y. Eqbal, J.

Leave granted.

2. Aggrieved by the judgment and decree dated 16.04.2007 passed by the Division Bench of the Patna High Court in LPA No. 58/1993, the defendant-appellant preferred this appeal before this Court. By the impugned judgment, the Division Bench allowed the appeal holding that the plaintiff-respondent became the absolute owner of the suit properties.

3. The plaintiff-Respondent No.1 filed Title Suit No.12/3 of 1965/71 in the Court of Subordinate Judge, Siwan for declaration of title over the suit property. The case of the plaintiff, inter-alia, is that Sukai Mahto is last male holder of the properties described in Schedule 1 , 2, and 3 of the plaint. He died leaving behind his widow Mst. Parbatia and one daughter, that is the plaintiff of this suit. Mst. Parbatia after the death of Sukai Mahto remarried in Sagai Form with Mahadeo Mahto son Ramsharan Mahto. Hurdung @ Bacha Mahto who is defendant No.12 in this suit was born out of the wedlock Mahadeo through Parbatia after he remarried. Mahadeo Mahto died about 12 to 16 years ago. Mst. Dhanwatia was the first wife of Mahadeo Mahto. Now, after the death of Mahadeo Mahto both his widows Mst.Dhanpatia and