BARHO SINGH Vs. TULESHWARI DEVI

JUDGEMENT

(1.) THIS appeal by the defendants -appellants under Clause 10 of the Letters Patent is directed against the judgment dated 16.10.2001* passed in First Appeal No. 112 of 1986(R) whereby the learned Single Judge allowed the appeal and set aside the judgment and decree passed by the Subordinate Judge, Hazaribagh in Title Suit No. 3 of 1980.

(2.) THE plaintiffs -respondents filed the aforementioned Title Suit No. 3 of 1980 against the defendants -appellants for declaration of title and confirmation of possession and in the alternative, for recovery of possession of the suit lands bearing Khata Nos. 20, 21 and 22 of Village - Bardewa, P.S. -Barhi, District -Hazaribagh. The plaintiffs' case inter alia is that one Barkhataur Singh was the common ancestor of the parties who had two sons - Bhikhari Singh and Narain Singh. Bhikhari Singh died leaving behind five sons, namely Chohan Singh, Chinu Singh, Gopal Singh, Jaggu Singh and Jitu Singh. Narain Singh had a son -Mithu Singh who had two sons namely Nirpu Singh and Tejo Singh and a daughter who was married with one Rupu Singh. Tejo Singh died issueless.

(3.) THE defendants' case, on the other hand, is that the sister's son of Nirpu Singh, namely Lalu Singh, was looking after Nirpu Singh during his old age and was living with him. The nearest agnates of Nirpu Singh namely, Guardu Singh, Ambo Singh and.Tahal Singh were also looking after him and his properties. According to the defendants, Nirpu Singh before his death divided the suit land amongst his three agnates and sister's son Lalu Singh.