PATNA, India, March 4 -- Patna High Court issued the following judgment on Jan. 2:

1. This appeal has been preferred against the judgment and decree dated 28.07.1990 passed by 8th Subordinate Judge, Chapra in Title Suit Number 129 of 85, wherein and whereunder the suit was decreed with cost. Case of the Plaintiffs/Respondents

2. Plaintiffs/Respondents have filed Title Suit Number 129 of 1985 for declaring their title on the disputed land and also for delivery of possession if the Plaintiffs are found dispossessed from any part of the disputed property.

3. For better appreciation of the case of the parties, genealogical table is given in the plaint which is given hereunder:-

Genealogical table can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MSM0MjUjMTk5MCMxI04=-ul--am1--er--ak1--AoUp4=)

4. The case of the Plaintiffs/Respondents in short was that a genealogy is given at the foot of the plaint that is to be deemed as a part of the plaint. From perusal of the genealogical table, it will be clear that Ram Bhajju Mahto was the ancestor of the Plaintiff's family. Ram Bhajju Mahto had two sons: Hitlal Mahto and Sukan Mahto. Hitlal was the elder son. Family was joint. Hitlal Mahto had a son, Dev Narayan Mahto, who died issueless 45 years ago; his wife had predeceased him.

5. It is further submitted that in the RS Survey, all the joint family property along with other co-parceners was entered in Khata Number 96. In that RS Survey, the shares of Hitlal Mahto and Sukan Mahto are jointly shown. Before some time of survey, Hitlal Mahto, who was the Karta of the joint family, some lands were purchased in his name from the nucleus of joint family that is entered in Khata Number 129 of RS in the name of Hitlal Mahto, but the possession of both the brothers was there.

6. Further case of the Plaintiffs/Respondents is that Hitlal Mahto had separated from his brother in mess and residence, but the lands were not partitioned. Hitlal Mahto was issueless and had love and affection for the Plaintiffs. At the occasion of Dussehra in year 1943, a reunion took place between them. After the death of Hitlal Mahto, all the properties devolved upon Plaintiffs by way of survivorship, and that possession was without any obstruction and the names of Plaintiffs were entered in the records of ex-landlord. And, the Plaintiffs are getting rent receipts after paying the rent.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MSM0MjUjMTk5MCMxI04=-ul--am1--er--ak1--AoUp4=)

Disclaimer: Curated by HT Syndication.