- (1.) By Court: This appeal was admitted framing the following substantial questions of law:- 1) Whether both the courts below have erred in law in declaring the title of the plaintiffs on the basis of Sada safe deed of the year 1924 - in absence of documentary evidence in support of their possession over the land ? II) Whether the courts below have correctly appreciated the evidence adduced by the defendants white deciding the title over the suit and ?
(2.) The defendants are the appellants-appellants. The plaintiffs-respondents had filed Title Suit No. 46/1989 in the Court of Sub Judge-IV, Hazaribag seeking declaration of their right, title and possession over Schedule 'A' land of the plaintiffs.
(3.) The plaintiffs' case, in short, was that Plot No. 1701 appertaining to Khata No. 231, measuring an area of 2 decimals, of village Parasi, P.S. Ichak, District Hazaribag was acquired by father of the plaintiffs by virtue of a Sada sale deed dated 5.3.1924 for a consideration of Rs. 51/-. The plaintiffs 'father came in possession and constructed a house over the said plot. After the death of the plaintiffs' father in 1930, the plaintiffs inherited the land and the house and they have been in peaceful possession of the suit land. The plaintiffs have legal right, title and continuous possession openly and adversely to all concerned and they also perfected their title by adverse possession. In She year 1989 the defendants started creating trouble in peaceful possession of the plaintiffs with the help of muscle men and threatened to dispossess them from the suit property which gave rise to the cause of action for the suit.;