N.L.Untwalia, J.

1. In this miscellaneous second appeal a question of law falls to be decided which, in my opinion, has been directly decided by a Bench of this Court in Jagdeo V/s. Basudeo Narain Singh, 1953 BLJR 17 : (AIR 1954 Pat 92). But, since some points of distinction were endeavoured to be made out by the learned advocate for the appellants, as also a vehement argument was advanced in order to persuade me to doubt the correctness of that authority and to refer this case to a larger Bench for its re-consideration, I think it is necessary for me to state a few facts and to give some reasons of mine too in support of the decision of the question of law involved in this appeal.

2. Respondents 1 and 2 filed a title suit against the appellants and respondents 3 and 4, for declaration of title and recovery of possession in respect of the suit land. The suit was dismissed by the trial court. The plaintiff-respondents filed First Appeal No. 354 of 1953 in this Court. It was heard by a learned Single Judge and was allowed on the 15th May, 1959. The plaintiffs suit was decreed. Shortly after the judgment was pronounced but before a formal decree was prepared, as required by Se