(1.) Heard learned counsel for the appellant. The present appeal under Section 100 of the Code of Civil Procedure (hereinafter referred to as the Code) has been placed before me for hearing under Order 41 Rule 11 of the Code.
(2.) The appellant who was plaintiff before the court below after loosing in both the courts below has preferred the present appeal being aggrieved by the judgment and decree dated 29.8.2011 passed by the learned 5th Additional District Judge, Bhagalpur in Title Appeal No. 207 of 2006 whereby he has affirmed the judgment and decree dated 31.8.2001 passed by learned Sub-Judge-III, Bhagalpur in Title Suit No. 33 of 2000.
(3.) Before I refer to the relief sought for by plaintiff-appellant, it would be apt to refer to the case as developed by the contesting parties in their respective pleadings.