R.BANUMATHI,J. - (1.) This appeal arises out of the judgment of High Court of Patna in First Appeal No. 230 of 2007 dated 30.07.2007 reversing the judgment of the trial court and thereby decreeing first respondent-Plaintiff's suit for declaration of title.
(2.) Genealogy of the first respondent-Plaintiff and Tarawati Devi are as under:- JUDGEMENT_28_LAWS(SC)12_2016.jpg
(3.) The first respondent-Plaintiff Shailendra Prasad Srivastava filed a suit praying for declaration of his title with respect to suit property in Khasra No. 123, 124, 269, 274, 997 and 959 of Khata No. 31 of village Bairiya and village Koloha Pagambarpur Schedule I and Schedule II properties respectively against the second respondent-Defendant Baidya Nath Prasad Verma alleging that the suit property detailed in Schedule I and II belonged to Girish Chandra Prasad. Case of the plaintiff is that in the Revisional Survey of Records, Tarawati Devi, the widow of Girish Chandra Prasad got the property recorded in the name of her grandson Umashanker Prasad. The said Umashanker Prasad died during the lifetime of Tarawati Devi in the year 1965. The first respondent-Plaintiff further alleged that he, being the only male member of the family, used to stay with Tarawati Devi and did all the ceremonies after her death. Further case of the first respondent-Plaintiff is that when he was working at Bhillai, he learnt that the second respondent-Defendant is trying to obtain revenue receipt in collusion with Anchal Karmachari. The first respondent-Plaintiff went to the office of the Circle Office Kanti and got cancellation of revenue receipt in the name of defendant. The second respondent-Defendant Baidya Nath Prasad filed mutation appeal. When the first respondent-Plaintiff came to know that the second respondent-Defendant is trying to claim title over the suit property through Tarawati Devi alleging that the suit property belonged to Tarawati Devi, the first respondent-Plaintiff being the agnate of Tarawati Devi filed a suit for declaration of his title.;