(1.) This second appeal is directed against the judgment and decree passed by Sri S.N. Sinha, 1st Additional District Judge, Darbhanga on 7-12-1977 in Title Appeal No. 127 of 1974/7 of 1977 affirming the judgment and decree of the Trial Court passed on 19-9-1974 in Title Suit No. 276 of 1968/2 of 1974.
(2.) The appellants herein were defendants 1st party against whom Resondent 1st party in this appeal (who were the plaintiffs) had instituted the suit for declaration of title and recovery of possession besides mesne profits in respect of the properties involved in the suit. With regard to the land in suit Jadu Rai, respondent 3rd party (defendant 3rd party before the trial court) had executed two sale-deeds - one dated 14-9-1965 (Ext. 1/A) in favour of the plaintiffs-respondent 1st party and another sale-deed dated 7-2-1996 (Ext. A-2) in favour of the appellants but in the benami name of the Damodar Rai, Respondent-defendant 2nd party.
(3.) At the time of admission of this second appeal the substantial question of law involved in this second appeal was formulated as follows: "The substantial question of law Involved In this appeal is as to whether the finding that there was no fraud on registration has been recorded in accordance with law".