- (1.) This appeal is directed against order dated 19.7.2002 passed by the learned single Judge of the Patna High Court, whereby he dismissed the second appeal filed by the Appellants by observing that no substantial question of law arises for consideration by the High Court. The Appellants filed Title Suit No. 85/1985 (revised No. 269/1987) in the Court of VIII Sub-Judge, Patna (for short, 'the trial Court') for declaration of title and recovery of possession in respect of lands covered by Survey Plot No. 611 (Municipal Survey Plot No. 1169) by claiming that it belonged to their predecessor and they were in possession of the same.
(2.) In the written statement filed by them, the Respondents pleaded that the suit property was in their possession since 1942-43; that they have constructed a mud built house and have been residing therein; that the house was reconstructed in the presence of the Plaintiffs by spending Rs. 50,000/- and that in the proceedings filed Under Sections 144 and 145 Code of Criminal Procedure., they were found to be in possession.
(3.) On the pleadings of the parties, the trial Court framed the following issues:- (I) Whether the suit as framed is maintainable (II) Whether the Plaintiffs have got valid cause of action to file the suit (III) Whether the suit is barred under the Limitation Act or on the principle of adverse possession (IV) Whether the suit is barred under the principle of estoppel, waiver and acquiescence (V) Whether the suit is bad for non-joinder of necessary parties (VI) Whether the Plaintiffs had subsisting title (VII) Whether the Plaintiffs are entitled to decree as claimed for by them & (VIII) Whether the Plaintiffs are entitled any relief or reliefs ;