BAIDYANATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiffs against the judgment and decree dtd. 31/5/1989 passed by Second Additional District Judge, Saharasa in Title Appeal no. 01 of 1977 dismissing the appeal and confirming the judgment and decree dtd. 29/11/1976 passed by Subordinate Judge, Saharsa in Title Suit no. 34 of 1973.

(2.) On 21/11/1989, following substantial questions of law were formulated while admitting this Appeal:-

(3.) The plaintiff/appellants filed the aforesaid suit praying for declaration of title and possession of the plaintiffs over the suit land measuring 6 Bigha 7 Katha 19 Dhur, and further prayed for confirmation of possession and declaration that they are the occupancy Raiyats of these lands and the State of Bihar be directed to fix fare rent for the same, and further the State of Bihar is sought to be restrained permanently from the disturbing the possession of the plaintiffs.