(1.) Heard learned Sr. Counsel for the appellants and learned counsel for the respondents.
(2.) The present Second Appeal has been filed by the defendants-respondents-appellants against the judgement passed on 27/2/1988 and decree prepared on 14/3/1988 by the learned 6th Additional District Judge, Rohtas in Title Appeal No. 88 of 1981 reversing and setting aside the judgement passed on 31/8/1981 and decree prepared on 10/9/1981, by the learned 3rd Additional Munsif, Sasaram in Title Suit No. 228 of 1968 by which the suit of the plaintiff-appellants-respondents was dismissed.
(3.) Vide order No. 3 dtd. 29/1/1990, the following substantial questions of law were formulated at the time of admitting the present Second Appeal :-