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1999 Supreme(Pat) 371

D.N.PRASAD
Rup Chand Mahato – Appellant
Versus
Gobinda Mahato – Respondent


Judgment

D.N.Prasad, J.

1. This appeal is directed against the judgment and decree dated 28th January, 1989 in Title Suit No. 76 of 1986 passed by the Subordinate Judge, 2nd, Saraikela, by which the learned Sub-Judge dismissed the suit.

2. The short facts giving rise to this appeal as pleaded by the plaintiffs that the plaintiffs and defendants are descendants of a common ancestor namely Manbodh Mahato who was settled raiyat of village Khudilong and the suit lands belonged to Manbodh Mahato who died long before last revisional survey of 1964 leaving behind four sons, namely, Rathu Mahato, Lakhan Mahato, Kandra Mahato and Suku Mahato. All the four sons of Manbodh Mahato died leaving behind their sons and daughters. Rupchand Mahato, son of Lakhan Mahato is the plaintiff No. 1 whereas plaintiff Nos. 2 to 4 are sons of Suku Mahato and plaintiff No. 5 is the widow of Suku Mahato. Sarla Devi is the daughter of Lakhan Mahato. The defendant No. 6, Bhusru Mahato is the son of Kandra Mahato, while pro forma defendant No. 2, Babi Mahatain is the daughter of Kandra. The plaintiff Nos. 2 to 4 are sons of Suku Mahato whereas Jira Mahatain is the widow of Suku Mahato, Rathu Mahato, who died long b


























































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