RAJNISH KUMAR
Badri – Appellant
Versus
Jata Shankar – Respondent
JUDGMENT :
1. Heard, Shri Amit Srivastava, learned counsel for the appellants and Shri Shobh Nath Pandey, learned counsel for the respondents.
2. The instant Second Appeal under Section 100 of the Civil Procedure Code is by the appellants/plaintiffs against the judgment and order dated 05.03.2011 passed by the Additional District Judge, Court No.8, Faizabad in Civil Appeal No.87 of 2008; Jata Shankar and another Versus Badri and others, which was preferred by the defendants/respondents for setting aside the judgment and order dated 29.07.2008, passed by the 3rd Civil Judge (JD), Faizabad in Regular Suit No.248 of 1989;Bhagwan Das and others Versus Smt.Raji and another.
3. The brief facts of the case for adjudication of the present Second Appeal are that both the appellants/plaintiffs and the respondents/defendants are the residents of the same village and they were the members of Hindu joint family. Jorai was the owner of the whole property in dispute. After death of Jorai it came in the name of Mahangi, the eldest son of Jorai. After the death of Mahangi it was mutated in the name of Jagesar. Mahangi, Dubar, Lahuri and Rohni took over their possession according to their shares. Lahur
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