1. This appeal has been placed for hearing before me on the difference of opinion between Nagendra Prasad Singh, J. and S.Ali Ahmad, J. Nagendra Prasad Singh, J. has allowed the appeal, set aside the judgment and decree passed by the Second Additional District Judge, Gaya, (the court of appeal below) and remitted the case back to be heard afresh in accordance with law in the light of the observations made by him. S.Ali Ahmad, J. has dismissed the appeal. Nagendra Prasad Singh, J. has held that it appears from the judgment of the court of appeal below that after having held that the plaintiff did not acquire any title by virtue of the court sale it has purported to consider the question of possession saying that the plaintiff having failed to prove title, now it was to be considered whether she acquired title by adverse possession; and held :-

"In my view once the finding on the question of title is held to be invalid then the judgment of the Court of appeal below cannot be sustained on the grounds that there is a finding that the plaintiff never came in possession after the court sale and the defendants have continued in possession over the disputed Land."

Proceeding furthe