Hemant Kumar Srivastava, J. – Appellant (hereinafter referred to as ‘the plaintiff’ for the sake of convenience) has preferred this first appeal against the judgment and decree dated 21.08.2013 passed by the learned Sub Judge VI, Gaya in Title suit no. 95 of 2011/ 426/2011 by which and whereunder he dismissed the plaintiff’s suit on contest against the respondents (who are hereinafter referred to as ‘the defendants’ for the sake of convenience).

2. Plaintiff filed Title suit no. 426/2011 against the defendants for declaration of her absolute title as owner and occupancy raiyat over RS plot no. 1263 appertaining to RS khata no. 411 area 11¼ decimal land and also for grant of permanent injunction against the defendants.

3. In brief, case of the plaintiff is that she purchased the suit land from one Krishna Chandra Mishra through a registered sale deed dated 06.12.2008. She, further, claimed that the land of CS khata no. 108 containing CS plot no. 412 measuring 3 acres 39 decimal was recorded as Gairmajarua Malick Thekedar land. The ex-landlord settled only 83 decimal land, out of the aforesaid 3 acres 39 decimal of CS plot no. 412 orally accompanied by delivery of possession to Kishun