Madan Gope VS Chameli Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ANIL KUMAR CHOUDHARY
Madan Gope – Appellant
Versus
Chameli Devi – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. K.K. Ambastha, Advocate

JUDGMENT

By the Court:- Heard the learned counsel for the appellant.

2. This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed against the judgment and decree of concurrence dated 18.04.2018 passed by the learned District Judge- II, Koderma in Title Appeal no. 12 of 2008 by which, learned First Appellate Court has dismissed the appeal and confirmed/upheld the judgment and decree passed by learned Munsif, Koderma dated 23.02.2008 in the Title Suit no. 14 of 1996, whereby and where under learned Munsif, Koderma dismissed the suit of the plaintiff on contest with costs against the defendants.

3. The case of the plaintiff in brief is that the suit land was recorded in the name of the Gopal Gope, who died leaving behind four sons namely Bhola Gope, Horil Gope, Nago Gope and Rupan Gope- who were members of a joint Hindu family and were in joint possession over the land of Khata no. 21. Horil Gope died in jointness of family leaving behind his son Bhikhari Gope. The joint family acquired 10.18 Acres of land of Khata no. 1 and 27.93 Acres of land in Khata No. 117 of village – Tilokari vide registered Raiyati Domani patta No. 5393 dated 13.09.1948 from the