- (1.) This second appeal has been preferred against the judgment and decree dated 18.06.2012 passed by District Judge I, Sahibganj in connection with Title Appeal No. 5 of 2011.
(2.) The appellants are plaintiff whereas 1st party respondent nos. 1 to 4 are the legal heirs and successors of original defendant no. 1 Subol Mandal and these respondents were substituted during pendency of the trial. Respondent nos. 1 to 9 in this appeal were originally plaintiff before the trial court, but during pendency of Title Appeal No. 5 of 2011, they abandoned their claim and made a prayer to transpose them from the appellants to respondents and it was accordingly allowed and they were transposed as third party respondent nos. 1 to 9. It appears from the lower court records that the plaintiffs were initially 14 in number and they brought a suit vide Title Suit No. 31 of 1996 before the court of learned SubJudge I, Sahibganj with a prayer (i) to declare defendant no. 1 as not the owner of the suit land and the properties which were recorded in the name of Gowardhan Mandal and Phagu Mandal devolved upon the plaintiffs since no descendant of Gowardhan Mandal and Phagu Mandal was alive; (ii) for permanent injunction restraining the original defendant nos. 1 and 2 from interfering with the peaceful possession of the plaintiffs over the suit land; (iii) cost of the suit; (iv) any other relief or reliefs which the court thinks equitable, fit and proper.
(3.) The facts available on record is that the plaintiffs are the descendants of the Kishun Mandal, whereas the defendants claimed themselves to be the descendants of Ami Mandal. It is contended that Ami Mandal had two sons Gowardhan Mandal and Phagu Mandal and the properties were separately settled in their name. So far the land settled in the name of Gowardhan Mandal, according to plaintiff, the last descendants upon whom the properties of Gowardhan Mandal devolved upon, were Bechni and Rai Chand and both of them died issueless and thereafter, said property devolved upon the plaintiffs. It is specifically contended that Subol Mandal original defendant no. 1 has been claiming his right, title and interest over the property, claiming himself to be the son of Bechni.;