SWAMI NATH BHAGAT Vs. VISHWANATH BHAGAT

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondents.

(2.) MISCELLANEOUS Appeal arises out of the order passed by the 6th Additional District & Sessions Judge, Siwan in Title Appeal No. 67 of 1991, decided on 09.05.2005. By virtue of this decision, the judgment and decree of the trial court, passed in Title Suit No. 68 of 1984, dated 11.10.1991 and 19.10.1991, respectively, has been set aside and the matter remanded for retrial with formulation of two additional issues, which the lower appellate court was of the opinion, was required to be answered.

(3.) IF that be so, then the opinion expressed by the lower appellate court that whether defendants / respondents had acquired a right of adverse possessions, seems to be contrary to established principles of Hindu Law. Whether Most. Palti died soon after revisional survey done in or around 1934 is also one of the issues which could have been very well found by the lower appellate court with little exercise and this did not require remanding the matter after setting aside the entire judgment, when no fault has been found with regard to rest of the findings.