- (1.) This second appeal by the defendants - appellants is against the judgment of affirmance.
(2.) Plaintiffs-respondents filed Title suit No.62/98 for declaration of title in respect of suit property and for recovery of possession and further for a declaration that the sale deed dated 29.8.96 executed by defendant No.1 Rojni Bibi in favour of her sons is null and void, illegal and inoperative. The suit was decreed by Subordinate Judge IV Jamshedpur in terms of judgment dated 21.1.2002. Aggrieved by the said judgment and decree the defendants-appellants" preferred Title Appeal No.4/2002 and the same was dismissed by the Additional District Judge, Jamshedpur in terms of judgment and decree dated 21.6.2006 and the findings recorded by the trial Court has been affirmed.
(3.) The instant second appeal was admitted for hearing on 27.6.2008 on the following substantial question of law: (i) Whether the Courts below have correctly decided title of the plaintiff over the suit property on the admitted position that defendant/appellant came into possession of, the suit property since 1968 and thereby claims title by adverse possession. (ii) Whether judgment and decree passed by the two Courts below are sustainable in law for non-consideration of the settled proposition of law while deciding the question of facts.;