1

Reserved On:- 29.09.2021

Delivered On:- 26.11.2021

Case :- SECOND APPEAL No. - 157 of 2021

Appellant :- Sarvesh Kumar And Another

Respondent :- Lal Ji And 4 Others

Counsel for Appellant :- Pramod Kumar Dubey, Sanjiv Singh (Senior

Adv.)

Counsel for Respondent :- Sanjay Kumar, Bhola Nath Yadav

Hon'ble Siddharth, J.

1.

Heard Sri Sanjiv Singh, learned Senior Counsel assisted by Sri

Pramod Kumar Dubey, learned counsel for the appellants and Sri Bhola

Nath Yadav, Advocate appearing on behalf of respondent no. 1.

2.

This appeal is listed for hearing under Order 41, Rule 11 C.P.C.

3.

This second appeal has been preferred against the judgment and

decree dated 21.12.2020 passed by 4^th Additional District Judge (Special

Judge E.C. Act), Jaunpur in Civil Appeal No. 39 of 2003, Raj Pati and

others vs. Lal Ji and others and the judgment decree and order dated

30.08.2003 passed by Civl Judge (Junior Division) in Original Suit No. 38

of 1975 (Bipat and others vs. Parasnath and others).

4.

The plaintiff's case is that the original plaintiff- Bipat, was recorded

as sirdar in possession over plots of Khata No. 342 and the plaintiff no. 1/1

is the bhumidhar with transferable