BHAGO HARIJAN Vs. RAJENDRA MANDAL

JUDGEMENT

(1.) The plaintiffs/appellants/appellants had filed Title Suit No. 184/26 of 1976/1979 for declaration that the plaintiffs had got valid right, title and interest over the suit land and that the defendants had no manner of concern over the same also praying for other reliefs. The suit was decreed by the 6th Additional Subordinate Judge, Bhagalpur in favour of the defendants, the judgment and decree coming under scrutiny in Title Appeal No. 32 of 1980 preferred by the plaintiffs which was decided by the third Additional District Judge, Bhagalpur in which the appeal was dismissed.

(2.) While admitting this second appeal following substantial questions of law were framed :--

(3.) When the hearing was taken up a third substantial question of law was deemed necessary to be framed which was done under order dated 3.3.2004, as below :--