Sanjay Kumar Dwivedi, j. - (1.) Heard Mr. S.K. Sharma, the learned counsel for the appellant assisted by Mr. Baleshwar Yadav, the learned vice-counsel.
(2.) This Second Appeal has been filed against the judgment dated 12.07.2016 and decree dated 23.07.2016 passed by the Principal District Judge, Gumla in Title Appeal No.2 of 2010 whereby the Title Appeal No.2 of 2010 has been dismissed and the judgment dated 24.11.2009 and decree dated 08.12.2009 passed in Title Suit No.06 of 2008 has been affirmed by the learned appellate court below. The appellant/plaintiff has instituted the suit for adjudication of his right, title and interest over the suit property under Khata No.216, Plot No.431, area 0.08 acres situated at Gumla P.S. and District Gumla which is fully described in schedule of the plaint and also to declare the decree of Title Suit No.47 of 93, Title Appeal No.4 of 96 and in Execution Case No.3 of 03 the delivery 16/11/06 are illegal and not binding upon the plaintiff and also for the cost of the suit.
(3.) The appellant-plaintiff made out a case before the court below that defendant/respondent no.1-Kaniza Khatoon through her brother Ahmad Ansari (defendant/respondent no.2) filed eviction suit being Eviction Suit No.47/93 on 18.08.1993 on the basis of Mukhtarnama executed by defendant/respondent no.1 in favour of defendant no.2 in which it was pleaded that the said holding is in the share of Kaniza Khatoon (defendant no.1) and she has been shifted from Ranchi to Gumla and living with her brother Ahmad Ansari (defendant/respondent no.2) and thereafter on the ground of personal necessity filed eviction suit and the suit was decreed on 18.12.1995 and the defendant of that eviction suit who is the appellant-plaintiff of this case preferred an appeal in the court of learned District Judge, Gumla as Title Appeal No.4/96 in which an amendment petition was filed on behalf of the plaintiff of that case/respondent of the present case for amendment in the schedule of the plaint whereas Khata No.216, Plot No.431 has been written in the schedule of the plaint in place of Khata No.107, Plot No.433 and the suit has been remanded back for re-writing judgment, filing written statement and evidence.;