- (1.) Heard Shri V. Shivnath, Sr. Advocate, assisted by Mr. Arvind Kumar Choudhary, Ms. Ranjana Mukherjee, Advocates, on behalf of the appellants and Shri V.K. Prasad, SC (L & C), assisted by Mr. Rajni Kant, J.C. on behalf of the Respondent- State. The instant Second Appeal arises out of judgment and decree dated 03.02.2009 and 11.02.2009 respectively passed by 1st Addl. District Judge Deoghar in Title Appeal No. 35 of 2006 reversing the judgment and decree dated 22.06.2006 and 05.07.2006 respectively passed by Sub-Judge-I Deoghar, in Title Suit No. 17 of 1990/40 of 1992.
(2.) The Second Appeal was admitted on 08.08.2011 on the following two substantial questions of law: - Whether the lower appellate court has committed serious errors of law in reversing the finding of trial court on Issue No. 5 without discussing the evidences, only on the basis of assumption and conjecture ? Whether the order of escheat passed by the Deputy Commissioner, Deoghar is wholly without jurisdiction ?
(3.) The plaintiffs-appellants, Nageshwar Prasad Sultania and Binod Kumar Sultania preferred the title suit for declaration that Kalpana Basu died intestate and issueless, the suit property devolved upon the heirs of her husband who were vendors of the plaintiffs and that the suit property never vested in the State and cannot be declared to be escheated in the State.;