AMITAV K.GUPTA,J. - (1.) This second appeal has arisen out of judgment and decree dated 01.09.2015 and 14.09.2015 respectively, passed by the District Judge, Simdega, in Title Appeal No.02 of 2015, affirming the judgment and decree dated 09.03.2015 and 21.03.2015, passed by the Civil Judge, Junior Division Simdega, in Title Suit No.12 of 2015.
(2.) For the sake of convenience, the parties shall be referred to as they were arrayed in the suit.
(3.) The plaintiffs (respondents herein) case is that by registered sale deed No.55 dated 19.01.2002 they had purchased 11 decimals of land of Plot no.3479 out of the total areas of 44 decimals of Khata No.120 of Village-Gotra, Deputy Toli, P.S.- Simdega, District-Simdega. It is alleged that the defendants had encroached on 1.5 decimals of the said land. Accordingly, the suit was instituted for declaration of right, title and interest over the suit land and for recovery of possession of 1.5 decimals of the suit land and also for permanent injunction restraining the defendants from disturbing the peaceful possession of the plaintiffs. The defendants contested the suit and filed the written statement denying the averments made by the plaintiffs. The defendants asserted that 18 decimals of land of the aforesaid plot was mutated in the name of defendant No.1, i.e., Munni Devi who is in possession of 18 decimals of land which was mutated in her name in 19.12.1973 and she is paying rent for the suit land since then. That no land measuring 1.5 decimals was left by the plaintiff. That there is no description of the boundary of 11 decimals of land purchased by the plaintiffs. That the plaintiffs are falsely claiming the land with an intent to grab the land of the defendants. On the pleadings of the parties, the trial court has framed as many as six issues. On the basis of oral and documentary evidence the trial court decided the issues including issue no.4 "whether the plaintiff has full right, title and interest over the suit land or whether the defendant Nos.1 & 2 have right, title and interest?", in favour of the plaintiffs and decreed the suit. Being aggrieved with the trial court's judgment the respondents preferred Title Appeal No.2 of 2015. The appellate court on examination and analysis of oral and documentary evidence on record, affirmed the findings of the trial court.;