NAZIR ALI MIAN Vs. DOKAL MIAN

JUDGEMENT

(1.) This appeal arises from a suit for declaration of title and confirmation/recovery of possession instituted by one Sukhi Mian, the ancestor and predecessor in interest of the present appellants. The claim of the plaintiff was based on two sada Hukumnamas, allegedly granted by the erstwhile landlord in favour of his father, Bhualdi Mian. In addition to the Hukumnamas, the plaintiff claimed to have perfected his title over the suit lands by adverse possession. The Second Additional Sub-Judge, Giridih, upheld his claim and decreed the suit by judgment and decree dated July 7, 1979 passed in Title Suit No. 35 of 71/28 of 79. On appeal by the defendants, however, the Second Additional District Judge, Giridih, reversed that decree and dismissed the plaintiff's suit by a detailed judgment and order dated July 6, 1987 in Title Appeal No. 22/79. The plaintiff's second appeal was dismissed by the High Court in limine.

(2.) In the SLP filed against the High Court judgment, the following question of law was framed on behalf of the appellants:

(3.) Having regard to the question of law, this Court while granting leave made the following order: