1. Whether the suit of the plaintiff-respondent was within time and whether sections 91 and 92 of the Transfer of Property Act, 1882 (compendiously the Act) have been correctly interpreted and whether the judgment of the lower appellate court was consistent with the statutory requirements of Order 41 Rule 31 of the Code of Civil Procedure (for short the Code), if not, its effect, are the substantial questions of law involved in the present Second Appeal preferred by the Defendant-Appellant, under Sec. 100 of the Code of Civil Procedure, 1908 (compendiously the Code) in a suit for declaration of title and confirmation of possession.

2. The averments in the plaint were that the plaintiff-respondent was the owner of plot No. 4312 are 2 decimals, with house thereon pertaining to khata No. 1339 in Village Digha Bujurg, P. S. Digha, Patna. The property was usufructuarily mortgaged to Hussaini (P.W. 3) who came in possession but created a submortgage in favour of Sheo Pujan Rai (D.W. 1), who assigned his interest to Harbansh Rai by a registered deed dated 10-41974. Nagina Singh (Plaintiff No. 1 ) had been in need of money. He negotiated to sell the house to defendant No. 1 Smt. So