Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) The instant appeal arises out of impugned judgment and decree dated 28.3.2003 / 16.4.2003 passed by the Learned Additional District Judge-Vth, Palamau in Title Appeal No. 44 of 1979 where by the judgment and decree dated 15.6.1979/28.6.1979 passed by learned Additional Munsif, Daltonganj in Title Suit No. 1 of 1973 has been affirmed.
(3.) The Title Suit No. 01 of 1973 was preferred by the plaintiffs/ appellants herein for the following reliefs :- (A) That it be declared by the court that the plaintiff has his title to the suit-land through adverse possession. (B) That the plaintiff be allowed all costs of the suit. (C) That the plaintiff be allowed any other relief or reliefs to which he may be deemed entitle. Learned Trial Court of Additional Munsif, Palamau (Daltanganj) vide judgment and decree dated 15.06.1979 dismissed the suit with cost against the contesting defendant holding that the plaintiff has failed to establish his title by adverse possession. He has not filed a chit of paper to show that the land in suit is in his possession. On the other hand the defendant has filed documents to show his title and possession over the disputed land. Learned Trial Court decided Issue no. 1 and 3 in favour of Plaintiffs by observing that the said issues were raised by the Defendant in his W.S. but has not pressed at the time of hearing of the suit and did not find anything against the plaintiffs. Issue no. 2 and 6 were decided by the learned Trial Court observing that as the plaintiff has not filed a chit of paper to show his title by adverse possession, the plaintiff has no cause of action to file the suit and is not entitled to any relief claimed. The appellants unsuccessfully prosecuted the Title Appeal No. 44 of 1979 before the Court of 5th Additional District Judge, Palamau (Daltonganj) which was dismissed on 05.04.1980. In Appeal from the Appellate Decree bearing No. 112 of 1980(R), the Learned Single Judge of the Patna High Court was pleased to remand the matter to the learned Lower Appellate Court for a fresh decision in accordance with law. On remand Title Appeal No. 44 of 1979 has again been dismissed vide judgment and decree dated 28th March, 2003 passed by the Court of 5th Additional District Judge, Palamau at Daltonganj impugned in the present Second Appeal. The learned Trial Court has clearly held against the appellants herein, both on the question of title by adverse possession as also the claim of his possession. The first Appellate Court has also in the judgment dated 28.03.2003 not held otherwise.;