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2012 Supreme(Pat) 473

MUNGESHWAR SAHOO
Daroga Gope – Appellant
Versus
Sheodhari Mahto – Respondent


Advocates:
For the Appellants : Mr. Bhupandra Nr. Singh.
For the Respondents: M/s Rohit Kishore Prasad, Soni Shrivastava, Priya Belwariar, Manoj Kr. Pandey.
Against the Judgment and Decree dated 28.2.1977 passed by Sri Achyuta Nand Sahay, 2nd Addl. Sub Judge, Barh in title suit No. 15 of 1973/8 of 1977.
For the Appellant : Mr. Suman Kumar.
For the Respondent: M/s Ganapati Trivedi, Madan Mohan.

MUNGESHWAR SAHOO, J.:–This First Appeal has been filed by the defendants 1st Set against the Judgment and Decree dated 28th February, 1977 passed by Sri Achyutanand Sahay 2nd Addl. Subordinate Judge, Barh in title suit No.15 of 1973/8 of 1977 decreeing the plaintiff-respondent’s suit.

2. It appears that the High Court file was lost and, thereafter with the consent of the parties, the records have been reconstructed and the appeal is being heard.

3. The plaintiff-respondents filed the suit for declaration of title and recovery of possession with respect to 56 decimals of the suit property. The plaintiffs also claimed a sum of Rs.725/- deposited in the criminal Court in 145 Cr.P.C. proceeding and also prayed for mesne profit during the pendency of the suit. The amount of Rs.725/- has been withdrawn by the defendants.

4. The plaintiff-respondent claimed the aforesaid relief alleging that the plaintiffs are the karta of their respective families. A genealogical table has been mentioned giving the details of the family of the plaintiffs. There is no dispute about this genealogy. According to the plaintiffs, the disputed property was recorded in the name of B.B. Kolsum in the finally publis


















































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