ANANT BIJAY SINGH,J. - (1.) The instant second appeal has been preferred by the appellants / respondents / defendants, seven in numbers, being aggrieved and dissatisfied with the judgment dated 03.01.2015 and decree signed on 07.01.2015 passed by Sri Ambuj Nath, learned Principal District Judge, Dhanbad in Title Appeal No. 74 of 2011, whereby the learned Principal District Judge has allowed the title appeal after reversing the judgment passed in Title Suit No. 166 / 2005 by Sri. Rajesh Sharan Singh, learned Additional Munsif-I, Dhanbad, whereby the learned Munsif under judgment dated 03.02.2010 (decree signed on 09.02.2010) has dismissed the suit filed on behalf of the respondent / appellant / plaintiff.
(2.) The learned first appellate court decided Issue No. V holding that the date of birth of Tulshi Choudhary was recorded in the matriculation certificate as 03.10.1949 and further held that wrong entry was made in the service record of respondent / appellant / plaintiff and set aside the finding of the learned trial court.
(3.) The learned first appellate court further decided the Issue No. IV in favour of the plaintiff and set aside the judgment and decree passed by learned Additional Munsif-I, Dhanbad dated 03.02.2010 and date of birth of plaintiff has been declared to be 03.10.1949 and as the plaintiff has already retired from the service, the defendants have been directed to give retiral benefits which he would have been entitled to if he would have retired as per the actual date of birth i.e. 03.10.1949. The appeal was allowed on contest with cost on the plaintiff.;