SUDAMA DEVI Vs. HIMANSHU SHEKHAR JHA

JUDGEMENT

(1.) THIS Misc. Appeal is directed against the judgment in reversal dated 8th April, 1999 passed in Title Appeal No. 89 of 1994 arising out of the judgment and decree passed in Title Suit No. 135 of 1987, by learned Sub-Judge II, Patna.

(2.) THE appellants are the plaintiffs. THE suit was filed for declaration of title of the plaintiffs over the suit land fully described in Scheduled I of the plaint and non-title of the defendants and further for holding that the sale-deed dated 15-10-1986 executed by defendant 1st party in favour of defendant 2nd party is illegal, unauthorised and without any title and that the defendant 2nd party has not acquired any title and their possession over the suit land is that of a trespasser. Further prayer is for passing a decree for recovery of possession and mesne profit and also for permanent injunction restraining the defendants permanently from making any construction over the suit land.

(3.) THE question on which the matter has been heard and order has been reserved is as to whether the Misc. Appeal will lie against the impugned judgment or the appellants have remedy in Second Appeal against the same.