In Brief
Banaras Sah sought to evict Krishna Kant Prasad from 6 kathas of land in village Parihar, Sitamarhi, claiming ownership. The trial court dismissed the suit; the appellate courts reversed it. The Supreme Court held the plaintiffs failed to establish title. An oral partition in 1921 allocated the disputed property to the Gudar Sah group, not to the Shibshankar Sah group (to which the plaintiffs belonged). The partition suit No. 35 of 1941, with Schedule-Ga specifications, conclusively established this allocation and was accepted by the Shibshankar Sah members. Secondary proceedings (mutation application, Section 103A) could not displace this primary evidence. Appeal allowed; trial court judgment upheld.
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