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2022 Supreme(Jhk) 81

GAUTAM KUMAR CHOUDHARY
Phoda Devi – Appellant
Versus
Ganesh Mahto (Yadav) – Respondent


Advocate Appeared:
For the Appellants :Mr. Himanshu Kumar Mehta, Mrs. Manjushri Patra, Advocate
For the Respondents:M/s Manjul Prasad, Baban Prasad & Praveen Kumar Varma, Advocates

JUDGMENT :

1. Plaintiffs are the appellants who have preferred this appeal against the judgment and decree passed in Title Appeal No. 42/1983 affirming the judgment passed in T.S. No. 70/1973 by the Addl. Munsif-I, Daltonganj.

2. Because the parties are many and this Judgment is in second appeal, it will be more convenient to refer to them by their placement in the original suit and will include L.Rs. of those who died in the meantime during the pendency of the suit and appeal.

3. The plaintiff filed a suit for declaration that the suit land was their raiyati land, for confirmation of possession and permanent injunction, on the ground that the plaintiffs were heirs and descendants of the recorded tenant of the suit land whereas defendants were sons of recorded darraiyat Nanhku Mahto.

4. The suit land comprises of 2.30 acres of land under Plots Nos. 50, 54, 71, 85 and 53/205 appertaining to Khata No. 15 (mentioned in Dar-riayti Khatan no.6) of village Balha, Thana No.63 formerly within Chatterpur now within P.S. Hariharganj, District Palamu.

5. The suit land was recorded in the name of Jagan Chamar ancestor of the plaintiffs nos. 1 to 3 who held one share; in the name of Sheo Balak Mahto

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