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2010 Supreme(Jhk) 662

N.N.TIWARI
Shyamlal Gundua – Appellant
Versus
Gola Gundua – Respondent


Advocates Appeared:
For the Appellants: Mr. Bhaiya Vishwajit.
For the Respondents: Mr. S.K. Upadhyay.

Order

The defendants are appellants in this second appeal. They have challenged the impugned judgment and decree passed by learned 1st Additional District Judge. Chaibasa in Title Appeal No.18 of 2004. By the said judgment and decree, learned Lower Appellate Court has set aside the judgment and decree of the learned Trial Court and decreed the suit.

2. The plaintiffs had filed title suit, being T.S. No.13 of 2000, praying relief for declaration of right, title and interest. Plaintiffs' case was that the plaintiffs and one Sumi Kui are descendants of one common ancestor-Sado Ho. who died leavmg behind Baragola Ho and Joteya Ho. The plaintiffs are descendants of Baragola Ho. whereas Joteya Ho had only one daughter-Sumi Kui. Sumi Kui died unmarried. When Sumi Kui was alive, she was in possession of the land of her father Joteya Ho. Her name was also recorded as raiyat in respect of the suit land alongwith the sons of Baragola Ho. After the death of Sumi Kui the plaintiffs, being the nearest agnates, inherited the said property according to their custom. The defendants, who are stranger, started making false claim over the suit land after the death of Sumi Kui, which gave rise to the cau












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