Oral Order

27 / Dated : 05.07.2024 Heard.

1. This is the defendant’s Second Appeal filed against the judgment of reversal.

2. The plaintiff filed suit for declaration of title and recovery of possession in respect of a room with one verandah and angan being portion of Plot No. 112, under Khata No. 102, Holding No. 58 of Ward No. 10 of Chakardharpur Town P.S. Chakardharpur, Dist.-Singhbhum (West) was dismissed by the learned Trial Court and has been decreed by the learned first appellate court.

CASE OF THE PLAINTIFF

3. Case of the plaintiff is that the house and premises belong to one Md. Sayeed and Md. Umar who were full brothers, and during the current survey settlement operation of Chakardharpur Municipality, it was mutated in their name jointly and later on recorded separately as their business were separate.

4. In the year 1977 both brothers separated their share in respect of the suit property and are in peaceful possession in their respective shares by a Punchnama dated 05.08.1977. Md. Sayeed got his share in the house demarcated by Anchal Officer at Chakardharpur in Demarcation Case No. 48 of 77-78.

5. Md. Sayeed by registered sale deed dated 12.09.79 transferred the suit property