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2010 Supreme(Pat) 935

S.N.HUSSAIN
Rabia Alias Rahia Bibi – Appellant
Versus
Nesar Ahmad – Respondent


JUDGEMENT

S. N. Hussain, J.

1. This second appeal has been filed by the plaintiffs-respondents-appellants challenging the judgment and decree of the court of appeal below, by which the judgment and decree of the trial court was reversed.

2. This matter arises out of Title Suit No.122 of 1980, which was filed by the appellants with respect to municipal plot no.1100, holding no.206, ward no.2 of Sasaram Municipality containing kutcha tiled house as well as plot no.1103 against the defendants-respondents seeking the following reliefs :-

(a) Declaration of title of the plaintiff and recovery possession from the defendants regarding plot no.1100 (detailed in Schedule-B of the plaint ). (b) Direction to defendants no.1 to 10 to deliver the possession of plot no.1100 to the plaintiffs. (c) A decree of mesne profit in favour of the plaintiffs. (d) Direction to defendants no.1 to 10 not to obstruct the plaintiffs right of use of latrine over plot no.1103 (detailed in Schedule a of the plaint ). (e) A decree of cost of suit in favour of the plaintiffs. (f) Any other relief to which the plaintiffs are deemed entitled to.

3. The claim of the plaintiffs was that Sheikh Pir Bux had four sons, nam



































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