A court of appeal, on remand, is bound by the findings of its predecessor on the first occasion before remand, and cannot go behind those findings.

Raj Kishore Prasad, J.

1. This second appeal is by the plaintiffs against the judgment of reversal of the First Additional Subordinate Judge, Sasaram, dismissing the plaintiffs suit, on the ground of want of title and limitation.

2. Mr. Lakhshman Saran Sinha, who appeared for the appellants, put forward three objections to the decree appealed from (I) that the Court of appeal below, before remand, having accepted the plaintiffs genealogy, it was not open to the same court, after remand, to go behind its previous finding, and hold that the plaintiffs genealogy has not been proved (2) that the Court of appeal below acted illegally in making out a third case, which was not the case of any party, that there were two persons of the name of Parbhu, and, therefore, Parbhu, of village Aorahin and Parbhu of village Baluahi were two different persons in that, this has vitiated its finding on the question of title of the plaintiffs and (3) that the finding of limitation is also vitiated, because if the plaintiffs genealogy is accepted as correct as was done by the first appellate court before remand, then the plaintiffs were co-sharers with the defendants, and therefore, there was no question of plaintiffs want of possession.

3. In order to appreciate the points raised, on this appeal by the appellants, it is necessary to state a few facts, which have bearing on the questions at issue.

4. According to the plaintiffs, in village Aorahin, where they also resided, there was one Harbans Ahir, who had three sons, Aklu Ahir, Ramai Ahir and Parbhu Ahir. The plaintiffs are the grandsons of Akin Ahir. Prabhu Ahir had also three sons: Nathun Ahir, Nanhaku Ahir, and Ramgahan Ahir. Ramai Ahir, Nathun Ahir, Nau-haku Ahir and Ramgalian Ahir, all died issueless one after another. The last male holder of the disputed property was Nanhauku Ahir. The plaintiffs claim the disputed land as being the next reversioners of Nanhauku Ahir.

5. Parbhu Ahir was married to Mosstt. Kauleshwari, daughter of Deoki Ahir of Village Baluahi, and, after his marriage, Parbhu Ahir went to reside with his father in-law at Baluahi. Deoki Ahir had one son Sarjoo Ahir, who died leaving behind his widow, Mst. Tapasia. In the record of rights, the disputed land was recorded in the! name of Mst. Tapasia, daughter-in-law o£ Deoki having, /4/- share, Khobhari Ahir, husband of defendant No. 1 and father of defendant No. 2 who was the sisters son of Deoki Ahir, who had also settled down in village Baluahi, as having -/4/-share, and, Parbhu Ahir having the remaining -/8/- share.

6. The defendant disputed the genealogy set up by the plaintiffs, and contended that the plaintiffs had nothing to do with the family of Parbhu Ahir, who belonged to village Baluahi, where the defendants resided; and that Parbhu Ahir was not the son of Harbans Ahir, but one Bhagwan Ahir of Village Baluahi. They, however, admitted that Nathun Ahir, Nanhak Ahir and Ramgahan Ahir were the sons of Parbhu Ahir.

7. On the pleadings of the parties, therefore one of the questions was whether Parbhu Ahir belonged to Aorahin to the family of the plaintiffs, or to village Baluahi to the family of Bhagwan Ahir, having nothing to do with the plaintiffs family at all.

8. The learned Munsif, Mr. Ali Athar, who tried the suit in the first instance, decreed the plaintiffs suit, holding that Parbhu Ahir belonged to the plaintiffs family and that the plaintiffs genealogy was correct. On appeal by the defendants Mr. S. Wasiuddin, Second Additional Subordinate Judge, Arrah, who heard the appeal on the first occasion, before remand, held that the plaintiffs genealogy was correct, and, that Nanhaku last died, about six or seven years ago. He however, remanded the suit to the first Court for deciding it according to law with certain directions. He accordingly set aside the Judgment and decree of the first court, and remanded the suit with the following directions:

"This document and the Khatian entries coupled with the oral evi