SATAN HAZARA Vs. DHORAI HAZRA

JUDGEMENT

(1.) 10. S.N.Pathak, J.

(2.) THIS Second Appeal is directed against the judgment of 1st appellate Court passed by Sub -Judge, 3rd, Bhagalpur, in Title Appeal No. 13 of 1979. The defendants of Title Suit No. 168 of 1973 are the appellants before this Court. The title suit was decreed in favour of the plaintiff -respondents by a judgment passed by Munsif, 1st, Bhagalpur. 15

(3.) BOTH the lower Courts decreed the suit and, hence, the defendants of the suit filed this appeal before this Court. The question of law formulated for this appeal as per the order -sheet dated 7 -3 - 1988 was ';whether the Courts below erred in placing the onus on the defendants (appellants) to prove that there was no separation between the branch of the plaintiffs and the appellants".