S.K.JHA, J.

1. This is one of these second appeals where I can easily say that fantasy and reality is not a rare thing, lightness for touch for levity or assumption of an illogical fantasy as a mere tale is just a moment of relaxation.

2. This Second Appeal has been referred to a Division Bench for probing, a question relating to the ouster of the jurisdiction of the civil court in matters which have been precluded by final orders passed under the Bihar Public Land Encroachment Act, 1956 as amended up-to-date (hereinafter referred to as the Act for the sake of brevity). On the facts and in the circumstances of the case, this question does not arise at all and, with utmost respect to the learned Single Judge referring the case to the Division Bench and the counsel persuading the learned Single Judge to do so, I am afraid, I may be presumptuous enough to say that the question is of no consequence whatsoever in so far as the present case is concerned and pales into insignificance.

3. This is a plaintiffs appeal against the judgement and decree of affirmance of the 2nd Additional Subordinate Judge, Sasaram, dt. 18th Feb., 1977 passed in Title Appeal No. 11/99 of 1972/76 affirmi