Poonam Srivastav, J. - (1.) HEARD learned Counsel for the Appellants at length.
(2.) THE instant Second Appeal arises out of the judgment and decree dated 25.08.2008 passed by Additional District Judge, F.T.C.IV, Dhanbad, in Title Appeal No. 189 of 2006, affirming the judgment and decree of the trial court passed by Additional Munsif II, Dhanbad in Title Suit No. 54 of 1994 dated 17.05.2006. The title suit was instituted claiming the relief for a declaration that the ex parte order and the decree in the title suit No. 88 of 1963 passed by Munisf II, Dhanbad dated 15.02.1966 as well as the order 13.05.1984 of M.P. Case No. 81 of 1971 passed by S.D.M., Chas, are fraudulent, illegal, void, inoperative and not binding on the Plaintiffs and the same will not adversely affect right, title, interest and possession of the Plaintiffs over the property described as Schedule "A". The additional relief was for a declaration confirming possession of the Plaintiffs over Schedule "A" land and a decree for permanent injunction restraining the Defendants from executing the decree or order and from claiming any right forcefully over any portion of the property detailed at Schedule "A". A decree for costs of the suit was also claimed.
(3.) THE facts of the case are that the Plaintiffs were the owner of the land described at the foot of the plaint and inherited the same from their father Megh Nath Ram @ Megh Lal Chamar, who died in the year 1978. The father of the Plaintiffs came over possession on the land inheriting from his father Bhangi Chamar, who was in possession since the year 1978. Further case as detailed in the plaint is that his ancestor had erected a boundary wall and Kacha house and they were living in the same house and during Chakbandi operation in 196263, Plaintiff's father Megh Lal @ Megh Lal Chamar was also found in possession which was the old plat No. 156 having an area of 23 decimals within Khata No. 60 of Mouza Gomoh, newly carved out as R.S. plot No. 350 and 353 corresponding to Khata No. 146.;