SANJIV KHANNA,J. - (1.) On or about 5th August, 1967, Shri Banaras Sah (since deceased and now represented by his legal representatives), son of late Shri Parmeshwar Sah, acting for himself and as legal guardian of his six minor sons, had instituted Title Suit No. 73 of 1967 claiming ownership of 6 kathas in land bearing CSP No. 2353 (corresponding to RSP No. 4861) of village and police station Parihar, District Sitamarhi, Bihar, against Shri Krishna Kant Prasad. The plaintiffs had also inter alia prayed for a decree of delivery of possession in their favour by dispossessing Shri Krishna Kant Prasad and conversion of the disputed land in original state after removal of any new construction over it. The appellants before us are legal representatives of since deceased Shri Krishna Kant Prasad, the first defendant before the trial court.
(2.) The plaint was amended from time to time. By a subsequent amendment, the second set of defendants, being the legal representatives/heirs of Devi Sah, Akal Sah and Nageshwar Sah, kin of the first plaintiff 's father Parmeshwar Sah, were impleaded.
(3.) It will be apposite to mention the family structure of the Sah family for a better understanding of the facts in the present civil appeal. The Sah family headed by Ganga Vishun Sah had two sons: Gudar Sah and Shibshankar Sah. Gudar Sah had two sons, Devi Sah and Akal Sah, while Shibshankar Sah also had two sons, Parmeshwar Sah and Nageshwar Sah. Mahadev Sah was the son of Devi Sah and Bharat Sah and Rajendra Prasad Sah were sons of Akal Sah. Banaras Sah was the son of Parmeshwar Sah, and Nageshwar Sah had three sons: Jagannath Sah, Jag Bahadur Sah and Chandeshwar Sah. The genealogical table below is instructive and describes the relationship inter-se the plaintiffs and the second set of defendants: JUDGEMENT_13_LAWS(SC)9_2021_1.jpg ;