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2018 Supreme(Pat) 906

BIRENDRA KUMAR
KUR KUR RAI – Appellant
Versus
HARI BANS TIWARI – Respondent


Advocates Appeared:
For the Appellant : Amarendra Kumar Jha, Adv.
For the Respondent:Ranjit Sahay, Mr. S. M. Ashraf and Mr. Rajesh Pd. Choudhary, Advocates.

JUDGMENT :

Birendra Kumar, J.

This appeal, under Section 100 of the Code of Civil Procedure, has been preferred against the judgment and decree dated 18.12.1993 and 05.01.1994 respectively passed by the learned 1st Additional District Judge, Bhagalpur in Title Appeal No. 04 of 1985 whereby the learned lower appellate court has reversed the judgment and decree of the learned trial court dated 27th November, 1984 passed in Title Suit No. 24 of 1980.

2. The sole plaintiff-appellant had brought Title Suit No. 24 of 1980 against the respondents for declaration of his right, title and interest, on Schedule-A land of the plaint which is fully referred in the judgments of the courts below, as well as for declaration that name of the defendants has wrongly and illegally been entered in the Khatiyan in respect of the suit land.

3. The plaintiff pleaded that Kali Rai, the father of the sole plaintiff, had purchased the suit land through registered sale deed dated 13.07.1933 (Ext.4) from one Hito Rai and thereafter he came in possession of the same. At the time of purchase, Kali Rai was separate from his father Prayag Rai. After death of the father of the plaintiff-appellant, name of the full-brot

































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