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2024 Supreme(Jhk) 356

GAUTAM KUMAR CHOUDHARY
Sumitra Kunwar – Appellant
Versus
Uday Nath Choudhry – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manjul Prasad, Sr. Advocate, Mr. Akhouri Prakhar Sinha, Advocate
For the Respondent:Mr. Tirtha Nandan Jha, Advocate

JUDGMENT :

Gautam Kumar Choudhary, J.

1. This second appeal has been preferred by the plaintiffs/appellants against the judgment of reversal passed in Title Appeal No.35 of 1989.

2. Plaintiff filed suit for declaration of title and confirmation of possession over the suit land measuring 2.79 acres appertaining to Khata No.81, Plot No.308, and 310 of village Purnadih, District Palamu fully detailed in Schedule A, B and C of the plaint.

3. The case of the plaintiffs is that plaintiff nos.1 and 2 are brothers and their father Lochan Choudhary was recorded raiyat of village Rajderwa and Purnadih. Plaintiff no.3-Rambrichh Choudhary is the Mama of plaintiff nos.1 and 2 who live at village Rajderwa, plaintiff no.4 is father of plaintiff nos.5 and 6 and they are joint. Plaintiff no.4 and 6 hold dar-raiyati land at Village Rajderwa recorded in the name of Ramdhari Manjhi, who is father of Plaintiff no.4. After the death of Ramdhari Manjhi, Plaintiff no.4 purchased Raiyati interest appertaining to the land of Khata No.8 of Rajderwa through registered sale deed dated 25.03.1947. Defendant Ramdeo Choudhary had no raiyati land in village Khamdih or at village Purnadih and they were not having resid

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