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2024 Supreme(Pat) 227

KHATIM REZA
Radhe Shyam Hajjam Son of Ram Kishore Hajjam – Appellant
Versus
Bechu Pal Son of Dhora Pal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Jitendra Pd. Singh, Adv.
For the Respondent: Mr. Ganpati Trivedi, Sr. Adv. With Mr.Ambika Bhagat, Adv.

JUDGMENT :

KHATIM REZA, J.

Heard Mr Jitendra Prasad Singh, learned counsel appearing on behalf of the appellants and Mr Ganpati Trivedi learned Senior counsel appearing on behalf of the respondents.

2. The plaintiffs/appellants have filed this Second Appeal against the judgment and decree dated 15/12/1999, passed by the Second Additional District Judge, Kaimur, (Bhabua) whereby the learned Lower Appellate Court dismissed the appeal and confirmed the judgment and decree dated 19-01-1994, passed by the learned Munsif, (Bhabua), in Title Suit No. 47/91.The plaintiffs had filed the Title Suit for declaration of title and confirmation of possession over the suit land admeasuring 3 decimals towards North East, bearing Khata No. 76, Revisional Survey Plot No. 1271, Schedule-‘ka’ and also for injunction. The learned Trial Court held that the suit is not barred by limitation, but on facts, it has been held that as there was entry in the revisional survey in the name of defendants, then the plaintiffs have no title over the suit land.

3. Being aggrieved by the aforesaid judgment and decree passed by the learned Trial Court, the plaintiffs have filed Title Appeal bearing T.A. No. 12/94/47/96 befo

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