MOSTTSITA DEVI Vs. HIRAMANI DEVI

JUDGEMENT

(1.) THE defendants have filed this Second Appeal against the judgment and decree dated 30.04.1990 passed by District Judge, Saran in Title Appeal No.119 of 1976 dismissing the appeal and thereby confirming the judgment and decree dated 14.08.1976 passed by the learned Additional Sub Judge II, Saran in Title Suit No.34 of 1972 decreeing the plaintiff-respondent's title suit.

(2.) THE plaintiffs-respondents filed title suit for declaration of title on suit land as their Kasht Quaimi land and for confirmation of possession and in the alternative for recovery of possession.

(3.) ON 06.03.1991, this Second Appeal was admitted and this following substantial questions of law was formulated: "Whether non-consideration of Ext.B showing prima facie possession of the defendants-appellants by virtue of an order passed in the proceeding under Section 106 of the Bihar Tenancy Act has vitiated the judgment of the lower appellate court?"