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2005 Supreme(Jhk) 462

HARI SHANKAR PRASAD
Jai Kishun Choudhary – Appellant
Versus
Ramdeo Choudhary – Respondent


JUDGMENT

Hari Shankar Prasad, J.

1. This second appeal, at the instant of the appellants, is directed against the judgment dated 13.6.1990 and decree dated 25.6.1990 passed in Title Appeal No. 35/89, whereby and whereunder the learned 6th Additional District Judge, Palamau at Daltonganj set-aside the judgment and decree dated 25.5.1989 passed by Sub-Judge 1st, Palamau at Daltonganj decreeing Title Suit No. 60/82.

2. Appellants were plaintiffs in the lower Court and the case of the plaintiffs-appellants is that they filed Title Suit No. 60/82 in the Court of Sub-Judge, Palamau at Daltonganj against defendant-respondent praying therein for declaration of title and confirmation of possession over the suit lands measuring 2.79 acres of land appertaining to Khata No. 82, plot Nos. 308 and 310 of village Purnadih, P.S. Daltonganj, fully described in Schedules A to C of the plaint. Further case of the plaintiffs-appellants is that the plaintiff Nos. 1 and 2 are the recorded raiyat of village Purnadih and Rajderwa having 1/6th share in the lands of Khata No. 55 and entire in Khata Nos. 75 of village Purnadih. The plaintiff Nos. 4 and 6 had Dar Raiyati interest in village Rajderwa and the plai








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