Syed Md.Mahfooz Alam, J.

1. This second appeal has been preferred by the defendant-appellant against the judgment and decree dated 22.7.1986 passed by Sri M.K. Verma, 3rd Additional District Judge, Munger in Title appeal No. 105 of 1978 whereby he has been pleased to set aside the judgment and decree dated 28.9.1978 passed by Sri Braj Nandan Sahay, Munsif 2nd, Munger in Title Suit No. 163 of 1969 and dismissed the suit of the plaintiff.

2. The brief facts of the case are as follows:

Plaintiff-respondent, Nathuni Ram Marwari, filed title suit in the court of the Munsif 2nd, Munger which was numbered as Title Suit No. 163 of 1969 for declaration of his title and confirmation of possession over the suit land and in the alternative, for recovery of possession if he is found dispossessed during the pendency of the suit. The suit was contested by defendant Dehal Mahto and others. On 28.9.1978 the judgment was delivered in the suit by the Munsif 2nd, Munger and by the said judgment, the plaintiffs suit was dismissed. An appeal was preferred by the plaintiff, Nathuni Ram Marwari, against the said judgment which was numbered as Title Appeal No. 105 of 1978. The appeal was disposed o