GOBIND MAHTO AND OTHERS Vs. RAJ KISHORE MANDAL AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 9th July, 1975 passed by Shri S.K.P. Sinha, Additional Sub -ordinate Judge, Chaibassa, in Title Suit No. 11/5 of 1971 -75 whereby and whereunder the said learned court dismissed the plaintiffs -appellants' suit. In view of the points involved in this appeal it is not necessary to state the facts in details.

(2.) Suffice is to say that the plaintiffs filed the aforement oned suit for declaration of their title in respect of 26 bighas, 13 kathas and 19 dhurs of lands under revisional khata No. 3 of mouza Nischintpur P.S. Saraikela. The aforementioned lands have been described in details in Schedule -A of the plaint. The plaintiffs further prayed for a decree for perpetual injunctions restraining defendant No. 1 from creating any disturbance and nuisance over the suit land and have prayed for a decree for a sum of Rs. 2650,00 as detailed in Schedule -B of the plaint. It may be mentioned that the aforementioned decree for Rs. 2650.00 based on the basis of a price of paddy @ Rs. 20/ - per mon. totalling Rs. 2400/ - and price of 1300 bindas of rice -hay valued at Rs. 250/ -.

(3.) The plaintiffs allege in the plaint that the suit land originally belonged to one Chinibas Mandal who died in or about 1941 leaving behind a son Jamni Mandal who also died in or about 1951 leaving behind his widow one Domini Mandalin.