Kailash Prasad Deo, J. - (1.) The Second Appeal has been preferred by the defendants/respondents/ appellants before this Court assailing the judgment dated 18.01.2017 and decree signed on 30.01.2017 passed by learned District Judge-III, Rajmahal in Title Appeal No.11 of 2013, whereby the learned appellate court has dismissed the appeal and affirmed the judgment dated 26.04.2013 and decree signed on 06.05.2013 passed by learned Senior Civil Judge-II, Sahibganj in Title Suit No. 70 of 2007.
(2.) The defendants / respondents are the appellants before this Court, as the learned appellate court though has confirmed judgment passed by learned trial court dismissing the suit, but certain findings recorded by the learned trial court in favour of the defendants/ respondents in a form of relief has been declared nullity on the ground that the defendants / respondents / appellants were not plaintiffs in suit in hand and there was no counter claim, therefore, finding given in a form of relief to the defendants without counter claim has been declared nullity as the same has not been based upon proper appreciation of facts and law. Being aggrieved of the same, the defendants/respondents/appellants have preferred this Appeal.
(3.) The plaintiffs/appellants (respondents herein) preferred Title Suit against the defendants/respondents/appellants for declaration that the raiyats of mauja Bhimpara including plaintiffs and defendants have rights to use, the pond for irrigation purpose, situated over the suit land, described in the schedule of the plaint, bearing Plot no. 286, area about 06 bighas and 07 khatas and 01 dhur within the Mauza-Bhimpara, P.S.-Barharwa, District- Sahibganj, for declaration that the suit land-cum-pond cannot be settled in favour of any one, hence the defendants are not the exclusive owners of the suit land and for any other relief or reliefs to which the plaintiffs may be found entitled and for cost of the suit.;