- (1.) : This second appeal has been filed against the judgment and decree dated 27.9.2003 passed by the learned District Judge, Simdega in Title Appeal No. 5 of 2001 confirming the judgment and decree dated 7.2.2001 passed by learned Munsif, Simdega in the Title Suit No. 5 of 1996.
(2.) MR . V. Shivnath, learned senior counsel, appearing for the appellant, assailed the impugned judgments on various grounds. The plaintiff filed this suit for declaration of his right, title and interest over the landed property appertaining to Khata No. 57 and Khata No. 58 of Village Simdega Dumartoli, District Gumla; and for declaration that defendant No. 1 has not right to transfer the Khatiyani Raiyati property, to some of the defendants. Defendant No. 1 was the father of the plaintiff/appellant. Defendant No. 2, Peter Bilung is brother of plaintiff/appellant. Defendant No. 3 Joachim Soren is the son -in -law of defendant No. 1.
(3.) THE learned trial court inter alia held that it was clear that at least up to 1985, the plaintiff along with defendants No. 1 and 2 were joint and that defendant No. 1 in the capacity of the head of the family, sold land to some of the defendants for family need. In one of the sale deeds, plaintiff himself was witness. Trial court dismissed the suit.;