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2013 Supreme(Pat) 1376

V.NATH
Md. Akhtar Husain – Appellant
Versus
Janki Devi – Respondent


Advocates Appeared:
For the Plaintiff : M/s Shrawan Kumar Singh, Phulendra Kumar, Chandra Kishore Singh, Sanjay Kumar Singh, Rajiv Nayan Singh
For the Respondent: Mrs. Veena Rani Prasad, Rekha Prasad, Vishal Saurabh

JUDGMENT :

V. Nath, J.

The plaintiffs have filed this appeal against the judgment and decree dated 08.05.1986 passed in P.S.No.41/79 by the Additional Sub Judge III, Chapra dismissing their suit.

2. The P.S.No.41/79 was filed by the plaintiffs for declaration of their title and possession over the property mentioned in Schedule-I of the plaint on the basis of their purchase and for declaration that the construction of wall in the said property by the defendant is wrong and illegal. The plaintiffs have further prayed for declaration of their possession over the said property and for removal of wall constructed by the defendants at their cost. In the alternative the plaintiffs have sought the relief for partition of their share in the properties mentioned in Schedule-III and IV by metes and bounds to the extent of 2½ dhurs out of 8¾ dhurs land mentioned in Schedule-III, and 3 Katha 10 Dhurki land out of 9 Katha 1½ dhur as mentioned in Schedule-IV.

3. It would be apt to mention here that in Schedule-I of the plaint, the plaintiffs have given the description of 2½ dhur of land out of 8¾ dhur; in Schedule-II, the description of 3 katha 10 dhurs out of 9 katha 1½ dhur has been given; in Sche
































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