MUNGESHWAR SAHOO
State of Bihar – Appellant
Versus
Alakh Singh – Respondent
Heard learned counsel Mr. Kundan Bahadur Singh, Standing Counsel No.22 appearing on behalf of the appellants and the learned counsel Mr. Achhaibar Singh appearing on behalf of the respondents under Order XLI Rule 11 of the Code of Civil Procedure.
2. The defendants-respondents-appellants have filed this Second Appeal against the judgment and decree dated 29.06.2011 passed by the learned Additional District Judge, Fast Track Court No.1, Kaimur at Bhabua in Title Appeal No.51 of 2008/13 of 2009 whereby the learned appellate court allowed the appeal and reversed the judgment and decree of the trial court dated 21st July, 2008 passed by learned Subordinate Judge-I, Kaimur at Bhabua in Title Suit No.300 of 2002.
3. The plaintiffs-respondents filed the aforesaid suit for declaration of title on the suit property. According to the plaintiffs, the suit property was settled by the ex-landlord in the name of the father of plaintiffs in the year 1940. After settlement the father of the plaintiffs came in possession over the suit property and was paying rent to the ex-landlord. At the time of vesting of zamindari ex-landlord submitted return in the name of the father of the plaintiffs. A
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