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2018 Supreme(Pat) 66

CHAKRADHARI SHARAN SINGH
Vinay Rajak, son of Bulo Rajak – Appellant
Versus
Garib Mandal, S/o Late Ratan Mandal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Om Prakash Pandey, Mr. Satyendra Pandey

JUDGMENT AND ORDER :

By the judgment and decree, dated 26.05.2015/09.06.2015, passed, by learned 1st Additional District Judge, Khagaria, in Title Appeal No. 09 of 2011, the judgment and decree, dated 22.02.2011/09.03.2011, passed by learned Additional Munsif, Khagaria, in Title Suit No. 51 of 2003, has been reversed.

2. The present second appeal is against the said judgment and decree, dated 26.05.2015/09.06.2015, passed by the appellate court below, in Title Appeal No. 09 of 2011.

3. The suit was filed by the plaintiffs, who are respondents 1st set herein, mainly against the defendants 1st party, for declaration of their title and recovery of possession over the suit land, under Khesra No. 498, Khata No. 297, ad-measuring 12 dhurs, along with the mesne profit arising out of the suit land.

4. Briefly narrated the case of the plaintiffs, as set out in the plaint, was that they and the defendants 2nd party/respondents 2nd party herein are descendants of the common ancestor, Late Jagroop Mandal, who had their ancestral homestead house, close to the National Highway. For the purpose of expansion of the National Highway, the Government acquired their homestead house for which they were dul





























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