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2003 Supreme(Pat) 248

S.K.KATRIAR
Devendra Tiwari – Appellant
Versus
Prithabi Nath Tiwari – Respondent


Judgment

1. Heard Mr. Shahi Shekhar Dwivedi for the appellants, and Mr. S.K. Mazumdar for the respondents.

2. The plaintiffs are the appellants against the judgment of affirmance. This appeal is directed against the judgment and decree dated 09.02.2000, passed by the 1st Additional District and Sessions Judge, Siwan, in title Appeal No. 80 of 1979 (Devendra Tiwari & Ors. V/s. Prithvinath Tiwari & Ors.), whereby he has dismissed the plaintiffs appeal, and has upheld the judgment and decree dated 31.03.1979, passed by learned 04th Additional Sub Judge, Siwan, in Title Suit No. 69 of 1973 (Kesho Nath Tiwari & Ors. V/s. Baijnath Tiwari & Ors.) The trial Court had dismissed the suit. We shall go by the description of the parties occurring in the plaint.

3. The plaintiffs (appellants) have brought the suit for declaration of their title and recovery of possession along with mesne profits and also for recovery of Rs. 206/-. According to the plaint, the plaintiffs came is that one Radhanath Tiwari, the common ancestor of the parties had two wives. He had two sons from the first wife, who were defendants in the suit. He had six sons, namely, Kashinath Tiwari, Keshonath Tiwari, Umanath Tiwari

















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