S.M.M. ALAM, J.:- This Second Appeal has been preferred against the judgment and decree dated 24.2.90 passed by Sri Abhay Shankar Prasad, 5th Additional District Judge, Munger, in Title Appeal No.1 of 1980 whereby he has been pleased to set aside the judgment and decree dated 10.12.79 passed by Sri Rameshwar Narain Singh, Sub-ordinate Judge, Khagaria, in Title Suit No. 32 of 1978 and decreed the suit of the plaintiff.

2. Being aggrieved by the said judgment and decree the defendant-appellant has preferred this Second Appeal.

3. First of all, I would like to state the case of the respective parties. The case of the plaintiffs-respondents is that Late Shanti Sah after purchase of the suit land in auction sale sold the land to Gudar Sah through registered sale deed dated 22.12.1932 for consideration of Rs. Four hundred with stipulation that the vendee shall pay all the balance of the mortgaged money equivalent to rupees four hundred due on simple mortgage dated 14.2.29 (Exhibit-13) executed by Shanti Sah in favour of Baldeo Sah. After purchase of the suit land, Gudar Sah dedicated the property to Radha Krishna idol of Mauza Bachhauta vide registered deed of Arpannama (Exhibit-9) dated 2

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