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2006 Supreme(Pat) 33

SYED MD.MAHFOOZ ALAM
Chandeshwar Gope – Appellant
Versus
Tejan Gope (Deemed By L. Rs. ) – Respondent


Judgment

Syed Md.Mahfooz Alam, J.

1. This second appeal has been preferred against the judgment and decree dated 26-2-1990 passed by Sri Raja Ram Singh, Additional District Judge XIII, Patna in Title Appeal No. 101 of h 1984 whereby he has affirmed the judgment a: and decree dated 29-6-1984 passed by Sri Kali Dayal Mishra, Additional Munsif II, Patna in Title Suit No. 53 of 1980.

2. Being aggrieved by and dissatisfied with the said judgment and decree, the defendants appellants have preferred this appeal.

3. The brief facts of the case are as follows:

The plaintiffs - respondents brought a title suit for declaration of title and confirmation of possession or in the alternative, for recovery of possession in respect of the suit land being a portion of S.P. No. 258 fully described in Schedule I of the plaint and shown by the sketch map. The claim of the plaintiffs is that they are members of the joint family of which plaintiff No. 1 is the Karta. The defendants were also members of the joint family but sometime back they were separated. Survey plot No. 231 which is situated north of the land of the suit plot is the ancestral land of the plaintiffs which was acquired by the ancestor of






























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