BINDESHWAR ROY Vs. SHAMBHU SARAN GUPTA

JUDGEMENT

(1.) THE defendants have filed this First Appeal against the judgment and decree dated 15.03.1984 passed by the learned Subordinate Judge, Vaishali at Hajipur in Title Suit No.4 of 1982 whereby the court below has decreed the suit for partition of the plaintiffs-respondents.

(2.) THE original plaintiff-respondent, Ram Prasad Gupta filed the aforesaid suit for partition of his share to the extent of 7 ¾ annas kastkari right in the suit land measuring 2 bighas 18 katthas 13 dhurs.

(3.) THE defence of the defendant is that the plaintiff is not the Sikmidar nor he came in possession of the suit property. Further, the defendants denied the sell made by the defendants 2 nd party in favour of the plaintiff and further denied possession of the plaintiff over the suit land. All other allegations made in the plaint by the plaintiffs are denied. The defendant 1st party-appellant also denied the settlement made by Ganpati Choudhrain. The defendant 1 st party claimed possession over the entire suit land.